Disturbing the peace within the meaning of this chapter shall
constitute the making, causing or permitting to be made anywhere in
the Township of Westtown any unnecessary noise, clamor, din or other
sounds tending to disturb the peace and quiet of the community, and
the carrying on of any business, trade, transportation, recreation
or amusement at a time, in a place or in a manner which causes any
unnecessary noise or disturbances. Any noise or other sounds shall
be considered to be unnecessary and to constitute disturbing the peace
even though they are no louder than is customary and are the unavoidable
sounds or noises attendant upon the ordinary operation or performance
of business, trade, transportation, recreation or amusement if they
are made on Sunday or weekdays during hours other than the usual and
customary for such work or activity. Except in cases of emergency,
no person shall carry on any activity at a time or in a manner which
causes unnecessary annoyance or disturbs the peace and quiet of the
immediate neighborhood.
Without in any manner intending to limit or restrict the generality
of the above definition of and prohibition against disturbing the
peace, the following are hereby declared to constitute disturbing
the peace:
A. The operation of radios, record players or other electrical or mechanical
instruments, or singing, shouting or playing musical instruments in
a manner and at a time which is generally considered inappropriate
and which unnecessarily disturbs the peace and quiet of the immediate
neighborhood;
B. Prowling or roaming on public streets or private property after sunset
and during hours other than the usual and customary hours for such
activities as walking, jogging, playing, visiting friends and neighbors,
where such activities cause unnecessary annoyance or disturb the peace
and quiet of the immediate surrounding neighborhood;
C. Loafing, loitering or congregating on the street corners or in front
of any place of business or private residence in the township;
D. The discharging on or across the streets or highways of air guns,
spring guns, rifles or firearms of any kind or character whatsoever;
E. Acting in or about the streets or other public places of the township
in a noisy, loud, boisterous and unseemly manner, or in such a manner
as to disturb the peace and quiet of the community.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the township before a District Justice, pay a fine of
not more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the township in the enforcement of this chapter.
No judgment shall be imposed until the date of the determination of
the violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, the township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.