[Adopted 11-14-2005 by Ord. No. 1236.]
For the purpose of this article the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number,
and the word "shall" is always mandatory and not merely directory.
COUNCIL
The governing body of the Borough of Tyrone.
DISORDERLY GATHERING
A gathering at which any public disturbance occurs.
[Added 7-11-2016 by Ord.
No. 1374]
DISORDERLY HOUSE
Any house, room or premises where frequent requests for police
services for noise, assaults, batteries, drinking of intoxicating
beverages, illegal drug usage and/or sale, loitering, gaming or other
misbehavior or public disturbances can be documented.
[Added 7-11-2016 by Ord.
No. 1374]
FINE FOR POLICE SERVICE
The cost to the Borough for police services rendered in responding
to a call at a disorderly gathering or otherwise maintaining order
and public peace and safety and stopping public disturbances at a
disorderly gathering, including, but not limited to, the salaries
and other compensation of police officers, appropriate administrative
costs allocable thereto, prorated costs of equipment, the cost of
repairing damaged Borough equipment and property, and the cost of
any medical treatment of injured police officers. This cost shall
be recouped via a fine of not more than $1,000 for each offense imposed
on the violator of this chapter, and be fixed from time to time by
Borough Supervisors of the Borough, based upon the average cost for
a typical police response.
[Added 7-11-2016 by Ord.
No. 1374]
GATHERING
A party or event involving a group of persons who have assembled
or are assembling for a social occasion or activity on private property.
[Added 7-11-2016 by Ord.
No. 1374]
HOST
The person who owns, leases or is otherwise in possession
and control of the private property where the gathering takes place
and/or who organized, sponsored, conducted, hosted or permitted such
gathering, invited persons to attend such gathering or was otherwise
in charge of such gathering.
[Added 7-11-2016 by Ord.
No. 1374]
NUISANCE
The unreasonable, unwarrantable, or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person or resident in the legitimate
enjoyment of his reasonable rights of a person or property.
OWNER(S)
The person, persons, corporation or other entity who holds
record title to the private property.
[Amended 7-11-2016 by Ord. No. 1374]
PERSON
Any individual, corporation, partnership, association, firm,
or other legal entity.
[Amended 7-11-2016 by Ord. No. 1374]
PRIVATE PROPERTY
Any land, building or other structure, including single-
and multifamily dwellings and commercial and industrial buildings
not owned by a public entity.
[Added 7-11-2016 by Ord.
No. 1374]
PUBLIC DISTURBANCE(S)
Any act by a host, owner of property or those persons attending
a gathering involving public drunkenness, consumption of an alcoholic
beverage in public, the serving of alcoholic beverages to minors,
public urination or defecation, the unlawful deposit of trash or litter
on public or private property, damage to or destruction of public
or private property, the obstruction of public roads, streets, highways
or sidewalks, interference with emergency or police services, unreasonable
noise, use of profane or obscene language or gestures, indecent exposure,
fighting or quarreling, or any other act defined as disruptive conduct
by the Borough's Code of Ordinances and/or state and/or federal
law or any other conduct which otherwise disturbs, annoys, injures
or endangers the health, safety or welfare of the residents of the
Borough residing in the neighborhood or vicinity of the gathering.
[Added 7-11-2016 by Ord.
No. 1374]
PUBLIC ENTITY
Any federal, state or local government, school district or
agency, or authority created or organized thereby.
[Added 7-11-2016 by Ord.
No. 1374]
PUBLIC PROPERTY
Any land, building or other structure owned by a public entity.
[Added 7-11-2016 by Ord.
No. 1374]
VEHICLE
Any and all motorized vehicles designed or redesigned (whether
or not required to be licensed by the Commonwealth) to be used on
surfaces other than paved or unpaved public or private streets, including
but not limited to all-terrain vehicles, cars, trucks, motorcycles,
trail bikes, dirt bikes, minibikes, go-carts, dune buggies, snowmobiles,
quads and the like, regardless of the number of wheels or lack of
wheels. Vehicles shall not include farm equipment or equipment manufactured
for home lawn/garden work or maintenance. Vehicles shall also not
include any vehicles which are powered exclusively by electricity
(i.e., those with non-internal combustion engines).
[Added 2-8-2016 by Ord.
No. 1371]
Nuisances, including, but not limited to, the following, are
hereby declared to be unlawful:
A. Draining or flowing, or allowing to drain or flow, by pipe or other
channel, whether natural or artificial, any foul or offensive water
or drainage from sinks, bathtubs, washstands, lavatories, water closets,
swimming pools, privies, or cesspools of any kind or nature whatsoever,
or any foul or offensive water or foul or offensive drainage of any
kind, from property along any public highway, road, street, avenue,
lane or alley, or from any property into or upon any adjoining property.
B. Draining or flowing, or allowing to drain or flow, any water or drainage
from within dwelling situate upon property along public highway, road,
street, avenue, lane, or alley in the Borough into or upon the cartway
or traveled portion for said drainage by means of a drainage ditch
or otherwise.
C. Obstructing streets, etc. For any person to permit any mud, dirt,
coal, wood, brick, stone, gravel, clay, sand, rubbish or any other
matter to remain upon the streets or in the gutter in front of his
premises more than 24 hours after it has been deposited there except
by special permission of the Council. It shall also be a violation
to deposit grass clippings, leaves, branches or to shovel, blow or
otherwise deposit snow or ice into the Borough's right-of-way.
[Amended 11-13-2018 by Ord. No.
1421]
D. Allowing or permitting any excavation, material excavated or obstruction
on or adjoining any highway, street, or road, to remain opened or
exposed without the same being secured by a barricade, temporary fence,
or other protective materials.
E. Interfering with the flow of a stream, creek or other waterway, by
means of dam construction or otherwise, or removing the embankment
of a stream so as to alter the natural flow of the stream.
F. Defacing public and private property. It shall be unlawful for any
person, partnership, corporation or agent acting independently or
under the direction of the principal to deface any private or public
buildings, structures, signs, banners, or vehicles within the Borough.
Examples of defacing shall include, but not be limited to, the following
examples: application of paint, inks and dyes; affixing of any printed
materials such as signs or posters; destruction or removal; defacing
in any manner.
G. Disturbance. It shall be unlawful for any person(s) to make, or cause
to be made, a disturbance within the limits of the Borough that endangers
or injures the safety or health of humans or animals; or is unusual
for the time of day or location where it is produced or heard or jeopardizes
the value of property or erodes the integrity of the environment;
or materially disturbs or annoys persons in the neighborhood who are
of normal sensibilities.
(1) Waste collection. Any person collecting, removing and/or transporting
municipal, construction and/or demolition waste and/or recyclables,
as the same are defined pursuant to the Pennsylvania Municipal Waste
Planning, Recycling and Waste Reduction Act, from any commercial and/or any other nonresidential site,
shall be permitted to do so only between the hours 6:00 a.m. and 9:00
p.m.
(2) Dogs and animals, etc. For any person owning, keeping, or permitting
any dog, bitch or animal on or about his premises to disturb the peace
and quiet of the night by barking, howling, crying or otherwise making
a noise for a continuous period of 1/2 hour in any one hour period
and which can be heard a distance of 150 feet from that person's
property line.
(3) No person shall use and/or explode any firework as that term is defined
under Pennsylvania law, unless said person is a competent operator
who has been authorized by the Borough to do so. The use and/or explosion of such fireworks shall take
place only on the day before, day of and day after the 4th of July
of any year, during the hours of 9:00 a.m. to 12:00 p.m. unless otherwise
authorized by the Borough. Use and/or explosion during any other dates
and/or times shall be prohibited.
(4) Operation of vehicles. It shall be unlawful to use private property
in such manner as to unreasonably interfere with the reasonable enjoyment
of property by occupants of property in the vicinity by creating unsightly
conditions and appearances in said premises, such as but not limited
to the following:
[Added 2-8-2016 by Ord.
No. 1371]
(a)
No vehicles as herein defined shall be operated beyond the defined
streets, roads, highways and driveways within the Borough without
the express approval of the owners or occupiers of said private property.
(b)
No vehicle subject to this article shall be operated on any
public property within the Borough except in such areas within which
said vehicles may be operated, but in no event shall such designated
areas be deemed to include sidewalks, walkways, bike paths, parks
or paved rights-of-way which are otherwise primarily used for pedestrian
or other vehicle traffic.
(c)
Nothing contained in this article shall authorize the operation
of vehicles on the public or private streets, roadways or highways
within the Borough in such instances where said vehicles could not
otherwise be lawfully operated under the provisions of the Pennsylvania
Motor Vehicle Code, as amended from time to time.
(d)
No person shall operate a vehicle such that the operation of
said vehicle emits loud noise which is determined to be objectionable
because of the volume or frequency shall be muffled or otherwise controlled,
except for fire sirens and related apparatus used solely for public
safety purposes.
(e)
No vehicle shall be operated in such a manner that is unreasonably
dangerous to the safety and well being of any person or real or personal
property in its immediate vicinity.
(f)
To further implement and foster the content of this article,
it shall be unlawful for any person to operate, cause to be operated
or to participate in the operation of any vehicle off road on any
single property within a distance of 50 feet of any property line
without first obtaining the prior written consent of the owner(s)
or lessee(s) of such property.
(g)
No vehicle shall be operated in such a manner as to create an
unreasonable amount of dust or dirt. An "unreasonable amount" of dirt
or dust shall mean suspended particle matter visible to the unaided
or naked eye from a distance of 35 or more feet.
(h)
Nothing contained herein shall be construed to prohibit the
use of a vehicle(s) when such is incidental to farm, home lawn/garden
work, snow removal or maintenance.
This article regulates building, housing, property, maintenance,
health, fire, public safety, air or noise pollution, and shall be
enforced pursuant to 53 P.S. § 66601(c.1)(2).
A. Enforcement thereof shall be by an action before a Magisterial District
Judge in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Civil Procedure. The Borough Solicitor
may assume charge of the prosecution without the consent of the District
Attorney as required under Pa.R.Crim.P. No. 83(c) (relating to trial
and summary cases). The Council hereby sets a criminal fine in the
amount of not less than $100 and not more than $1,000 per violation
and the costs of prosecution and, in default of payment of such fine
and costs of prosecution, to undergo imprisonment of not more than
10 days, provided, further, that each day's continuance of a
violation shall constitute a separate event.
B. The Borough Council may direct the removal, repair, or alterations,
as the case may be, to be done by the Borough and to certify the costs
thereof to the Borough Solicitor, the cost of such removal, repairs
or alterations shall be a lien upon such premises from the time of
such removal, cutting, repairs and alterations which date shall be
determined by the certificate of the person doing such work, and filed
with the Borough Secretary.
C. The Borough, by means of a complaint in equity, may compel the owner
of the premises to comply with the terms of any notice of violation
or seek any such other relief as any such court of competent jurisdiction
is empowered to afford.
[Adopted 7-11-2016 by Ord. No. 1374]
The Borough of Tyrone finds and determines as follows:
A. That certain private properties require a disproportionate amount
of police service, with many calls requiring response to maintain
order and public peace and safety and to stop public disturbances
at parties or other social events so that there are less police personnel
and resources available for other locations, emergencies and duties
within the Borough, thereby placing a disproportionate and unfair
burden upon the residents of the Borough.
B. That the host of a disorderly party or other social event, the owner
of property where such events occur and those persons attending such
party or event should be held criminally responsible for any public
disturbances or other acts of disorderly conduct thereat.
C. That owners of private properties derive a benefit from the aforesaid
police service.
D. That owners of private properties have a responsibility to manage
their properties to minimize required police responses to maintain
order and public peace and safety and to stop public disturbances,
to minimize the burden upon the residents of the Borough and to promote
the health, safety and welfare of the public in general.
E. That owners of private properties can minimize required police responses
to maintain order and public peace and safety and to stop public disturbances
by diligent and strict management and regulations of their properties.
F. That assessment of fines for successive police responses as provided
in this section is reasonable and will have a deterrent effect and
encourage more responsible management of private properties.
G. That it is not the intent of this article to discourage or suppress
calls or requests for police service, but rather to encourage and
stimulate diligent and strict management and regulation of private
properties by the owner thereof and to promote the health, safety
and welfare of the residents of the Borough.
Any such disorderly gathering, house, room or other premises
that shall be disruptive to the peace and well-being of the surrounding
and greater community is declared to be a public nuisance.
No host, owner of property or person attending a gathering shall
commit any act of public disturbance. No host shall hold, conduct
or have a gathering where any act of public disturbance occurs or
continue a gathering where any act of public disturbance has occurred
or is occurring.
In addition to the right to file a citation against violators
under and pursuant to the Pennsylvania Rules of Criminal Procedure,
police officers may also arrest a host, owner of property or person
attending a gathering who commits a violation, provided that the police
officer views the public disturbance and, in the case of the host,
the host is in attendance at the gathering at the time of such public
disturbance, although nothing herein shall prevent a host from being
cited for a violation, whether or not any person attending the gathering
is arrested or cited for a violation.
No owner who, after receiving the notice set forth in this article
shall permit, cause, encourage and/or be complicit in any disorderly
gathering in excess of one such disorderly gathering during any ninety-day
period of time occurring on said owner's private property.
Whenever the police are called to respond to a disorderly gathering
for the purpose of maintaining order and public peace and safety and
stopping public disturbances, the Chief of Police or the Chief's duly
authorized designee shall notify the owner of the private property
where the disorderly gathering took place, and/or also the agent of
such property by regular mail at the last known address of such owner
and operator, that the police were called to respond to a disorderly
gathering at the owner's property for the purpose of maintaining
order and public peace and safety and stopping public disturbances
and that if the police are again called to respond to a disorderly
gathering at such property within 90 days after their initial response,
such owner shall be in violation of this section and may be required
to pay a fine of not more than $1,000 for each violation of this section.
Any host, owner of property or person who violates §
133-7 shall be guilty of the offense of disorderly gathering and, upon conviction thereof in a summary proceeding, shall be sentenced to pay a fine of not more than $1,000 and/or be imprisoned for a period not to exceed 90 days.