Township of Westtown, PA Chapter 116 Peace and Good Order

[HISTORY: Adopted by the Board of Supervisors of the Township of Westtown 2-15-1988 by Ord. No. 88-2. Amendments noted where applicable.]

GENERAL REFERENCES

Parks and recreation areas — See Ch. 113.

Peddling, soliciting and transient merchants — See Ch. 119.

Motorized vehicles — See Ch. 167.

§ 116-1 Disturbing the peace defined and prohibited.

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.

§ 116-2 Particular conduct prohibited.

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.[1]

[1] Editor's Note: Former Section 2(f), regarding domestic or farm animals, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 116-3 Violations and penalties.

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.