[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 6-4-2001
by Ord. No. 4-01. Amendments noted where applicable.]
"Disorderly conduct" within the meaning of this chapter shall be and
is hereby defined as any act, work or conduct causing or tending to cause
a disturbance of the peace and good order of the Borough, or causing or tending
to cause any danger, discomfort or annoyance to the inhabitants of the Borough
and/or users of the Borough thoroughfares, and shall include loafing, begging,
profanity, and the carrying on of any business, trade, transportation, recreation
or amusement at any time, in a place or in a manner, which causes danger and
annoyance to the inhabitants of the Borough, and all such disturbances and
acts are hereby prohibited. Except in the 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, disorderly conduct, the
following are hereby declared to constitute disorderly conduct:
A.
The keeping or handling of dogs or other animals, chickens
or other fowl or birds under such conditions, or lack of control, or in such
a manner that, by barking, crowing or otherwise, they disturb the peace, safety
and quiet of the immediate neighborhood.
B.
The operation of sound-amplification equipment or audible
electronic instruments or devices, singing, or shouting or playing of musical
instruments in a manner which disturbs the peace and quiet of the immediate
neighborhood between the hours of 10:00 p.m. and 8:00 a.m.
C.
The loading, unloading and delivery of materials, merchandise
or commercial products between the hours of 10:00 p.m. and 8:00 a.m. which
disturbs the peace and quiet of the immediate neighborhood.
D.
The discharging in the Borough of air guns, spring guns,
rifles or firearms of any kind or character whatsoever, or any other device
that discharges a projectile of any kind.
E.
The operation of motor vehicles and/or equipment in such
a manner that by the idling of the motor, revving of the motor, or otherwise,
and/or through the operation between the hours of 10:00 p.m. and 8:00 a.m.
which disturbs the peace and quiet of the immediate neighborhood.
F.
Malicious loitering or prowling during daytime around
a dwelling house or any other place used wholly or in part for living or dwelling
purposes, belonging to or occupied by another.
The Council of the Borough of Pennsburg has determined that the use
of loud sound-amplification equipment in motor vehicles is a safety hazard
because operators of motor vehicles may be distracted thereby and may not
hear emergency vehicles or warning signals or other traffic sounds. In addition,
the use of loud amplification systems in motor vehicles is a nuisance, annoying
residents and others in the vicinity thereof. Therefore, no person operating,
occupying or otherwise in physical possession or control of a motor vehicle
on a street, highway, alley, parking lot or driveway shall operate or permit
the operation of any sound-amplification system in the vehicle so that the
sound is audible at a distance of 25 feet or more from the location of the
vehicle.
A.
AUDIBLE
SOUND-AMPLIFICATION SYSTEM
Definitions. As used in this section, the following terms
shall have the meanings indicated:
Any sound including bass reverberations whether or not words are
discernible.
Any radio, tape player, compact disc player, loud speaker or other
electronic device used for the amplification of sound.
B.
This section shall not apply to the following sound-amplification
systems:
(1)
A system operated to request medical or vehicular assistance
or to warn of a hazardous road condition.
(2)
A system in an emergency or public safety vehicle.
(3)
A system in a vehicle owned and operated by the Borough
of Pennsburg, or a gas, electric, communications or refuse company, where
the sound-amplification system is being used in connection with official business.
(4)
A system used for the purpose of giving instructions,
directions, talks, addresses, lectures or transmitting music to any person
or assembly of persons in compliance with ordinances of the Borough of Pennsburg.
(5)
A system used in authorized public activities, such as
parades, fireworks, sports events, musical productions and any other activities
which have prior approval of the Borough of Pennsburg.
(6)
A vehicle theft alarm system.
Any person, firm or corporation who shall violate any provision of this
chapter shall, upon conviction thereof, be sentenced to pay a fine of not
more than $600 plus costs, and, in default of payment of said fine, to a term
of imprisonment not to exceed 30 days. Each day that a violation of this chapter
continues shall constitute a separate offense.
