[HISTORY: Adopted by the Borough Council
of the Borough of East Petersburg 3-6-2001 by Ord. No. 218. Amendments
noted where applicable.]
[Amended 7-5-2005 by Ord. No. 240]
A.
Any person who shall commit or cause to be committed
any act, word or conduct causing a breach of the peace and good order
of the Borough shall be guilty of disorderly practices in violation
of this chapter if that person:
(1)
Causes any danger, discomfort or unreasonable annoyance
to any of the inhabitants of the Borough or users of the Borough thoroughfares
or public areas, including but not limited to anyone who shall willfully
make any loud, boisterous or unseemly noise or disturbance; or
(2)
Fights or quarrels or incites others to fight or quarrel;
or
(3)
Congregates with others upon any of the Borough thoroughfares
or other public areas of the Borough to the reasonable annoyance of
peaceable residents nearby or users of any Borough thoroughfares or
public areas by the use of obscene or other offensive language or
by threatening conduct; or
(4)
Loiters near or in the entrances to commercial establishments,
whether on public or private property, or any place of public resort,
whether public or private, or upon any private property within the
Borough without the consent of the owners thereof, whereby the public
peace is broken or disturbed or the traveling public reasonably annoyed
by obscene or other offensive language, by loud or boisterous noise,
by threatening conduct, or by blocking entrance to such an establishment;
or
(5)
At any time makes any sound which reasonably annoys
or disturbs humans or which reasonably causes an adverse psychological
or physiological effect on humans, in a manner that the sound is heard
across property lines or through tenant walls or between one dwelling
unit and another, or in a manner that the sound is heard in excess
of 50 feet from the source of the sound.
B.
The sounds in Subsection A(5) are any sound and may typically include, but are not limited to, such things as motor vehicles and motor vehicle accessories, domestic power tools, motorized lawn and garden equipment, loading and unloading vehicles, powered model vehicles, street sales, motor vehicle repairs and testing, unnecessary horn blowing, sound trucks, public address systems, radios, TVs, stereos/CD players and musical instruments.
C.
The use of domestic power tools, powered model vehicles, motor vehicle repairs and testing, radios, TVs, stereos/CD players and musical instruments or any other sound which has the effect described in Subsection A(5) outside the confines of a dwelling or commercial structure, the use of motorized lawn and garden equipment, sound trucks or public address systems or street sales, unnecessary horn blowing, or the unnecessary idling or revving of motorcycles or truck tractors is prohibited between the hours of 10:00 p.m. and 7:00 a.m.
The following are exempted from the provisions
of this chapter:
A.
Amplified and nonamplified activities approved by
the Borough Manager or designee, which may include but not be limited
to athletic events, concerts, block parties, church carnivals, or
other publicly or privately sponsored events.
B.
Emergency work: sounds caused by the performance of
emergency work or by the ordinary and accepted use of emergency apparatus
and equipment.
C.
Municipal and utility services: sounds resulting from
the repair/management or replacement of any municipal or utility installation
in or about a public right-of-way.
D.
Warning devices: sounds made by warning devices operating
continuously for three minutes or less, except that in the event of
an actual emergency the time limit shall not apply.
E.
Unusual/extreme weather conditions. Where unusual
or extreme weather conditions, such as heat, cold, pollen advisories,
rain, snow, or other conditions that would affect the health and safety
of persons working therein, restrict the ability of persons to work
between the hours of 7:00 a.m. to 10:00 p.m., upon application to
and permission from the Police Department, such persons may engage
in activities between 10:00 p.m. and 7:00 a.m. that may cause sounds
otherwise prohibited.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof in a summary proceeding,
be sentenced to pay a fine not exceeding $300 and cost of prosecution,
or to imprisonment for not more than 30 days, as authorized by law.
