[HISTORY: Adopted by the Borough Council of the Borough of Springdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-15-2017 by Ord. No. 1252]
Definitions. Unless the context otherwise requires, the following words and phrases, when used in this article, shall be construed according to the definitions set forth below:
- ALCOHOLIC BEVERAGE
- Any spirits, wine, beer, ale or other liquid containing more than 1/2% of alcohol by volume which is fit for beverage purposes.
- Any bottle, can or other vessel in which alcoholic beverages are contained.
Consumption. No person shall consume any alcoholic beverage in any quantity upon any public street, avenue, alley, sidewalk, stairway, thoroughfare, or other public property within the Borough of Springdale, nor shall any person consume any alcoholic beverage within five feet of any public way or thoroughfare while on a private stairway, doorway or other private property open to public view without the express or implied permission of the owner, his agent or other party in lawful possession thereof.
Possession. No person shall possess any container or alcoholic beverage, whether wrapped or unwrapped, which has been opened, or on which the seal has been broken in any manner, on any public street, avenue, alley, thoroughfare or other public property within the Borough; nor shall any person possess any such container or alcoholic beverage within five feet of any public way or thoroughfare while on a private stairway, doorway, or other private property open to public view without the express or implied permission of the owner, his agent, or other person in lawful possession thereof.
Public consumption is disorderly conduct. Whoever shall possess any open container of, or consume or use upon any public street, avenue, sidewalk, alley or other public property within the Borough of Springdale, any alcoholic beverages as prohibited by this article is guilty of the summary offense of disorderly conduct.
Exceptions. The provisions of Subsections B and C above shall not apply to interior portions of any private dwelling, habitat or building, nor to the consumption or possession by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content as set forth in Subsection A hereof; and provided, further, that the provisions of said Subsections B and C above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensees.
Definitions. Unless the context otherwise requires, the following words and phrases shall be construed according to the definitions set forth below:
- CODE ENFORCEMENT SERVICES
- Services rendered by the code enforcement personnel of the Borough of Springdale in connection with inspections, violations of Borough ordinances, or violations of the Property Maintenance Code.
- DISORDERLY GATHERING
- A gathering at which any public disturbance occurs.
- DISORDERLY HOUSE
- Any place within the Borough where persons gather or abide and where the owner, lessee, or person in charge permits, encourages, or tends to permit or encourage drunkenness, illegal consumption of alcohol or drugs, boisterous conduct, unseemly noise, fighting or other conduct which disturbs the public peace or decorum, or promotes disorder and lessens the dignity of the community. Said definition shall apply whether the place is public or private, a building, parking area, or any lot of land in the Borough. All such places within the Borough of Springdale are hereby declared a public nuisance.
- A party or other event involving a group of persons who have assembled or are assembling for a social occasion or activity on private property.
- The person who is in possession or control of the private property where a gathering takes place by virtue of owning the property, having a lease on the property, or otherwise being in possession of the property, 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.
- KEEPER OF A DISORDERLY HOUSE
- Any person who is the owner, lessor, lessee, or other person in charge of any disorderly house at the time when any of the acts defined above are permitted, encouraged, or committed.
- OCCUPANT OF A DISORDERLY HOUSE
- Any person not the keeper of a disorderly house, who lives and abides in such disorderly house or is employed at, visits or attends a gathering in a disorderly house, lot, parking area or other place, knowing that such house is a disorderly house as defined herein.
- Any natural person, partnership, corporation, or other entity that holds record title to private property.
- POLICE SERVICE
- Police service rendered in responding to a call at a disorderly gathering, disorderly house, or otherwise to maintain order, the public peace or public safety, as well as stopping a public disturbance at a disorderly gathering or a disorderly house.
- PRIVATE PROPERTY
- Any land, building, or other structure not owned by a public entity.
- PUBLIC DISTURBANCE
- Any act by a host or a person attending a gathering, including, but not limited to, public drunkenness, violation of § 329-1 hereof and any other open container ordinance, underage drinking, possession or use of illegal drugs, public urination or defecation, unlawful deposit of trash or litter on public or private property, damage to or destruction of public or private property, obstruction of public roads, highways, or sidewalks, interfering with emergency or police services, violation of § 329-3 or § 329-4 hereof, indecent exposure, fighting, or violations of any other Borough ordinance. As used in this article, a public disturbance shall also include violations of the Property Maintenance Code caused by any act by a host or a person attending a gathering, including, but not limited to, those acts referred to herein.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Maintenance of a disorderly house prohibited; arrest of violator. No person shall permit, keep, maintain, or be a keeper, host or an occupant of a disorderly house within the Borough. Violators are subject to the penalties of this article upon conviction before a Magisterial District Judge having jurisdiction.
Disorderly gatherings prohibited. No host, occupant or other person attending a gathering shall commit any act constituting a public disturbance. No host shall hold, conduct, or permit a gathering where any act of public disturbance occurs thereat, nor shall the host permit a gathering to continue if any act of public disturbance has occurred or is occurring. Violations shall include instances where police services and/or code enforcement services are needed to respond to a public disturbance or the effects of a public disturbance.
Enforcement. It shall be the duty of the police officers of the Borough to suppress, close and keep closed any disorderly house, and to arrest a person who holds or conducts a disorderly gathering, and to arrest all occupants and other persons found in a disorderly house or attending a disorderly gathering. If the occupant or any other persons within such disorderly house, or those attending a disorderly gathering, refuse to permit any police officer of the Borough to enter the same, the officer may enter the disorderly house or cause the same to be entered by whatever force is necessary, and to arrest, by issuance of citation or otherwise, all occupants and other persons found therein.
Penalties. Any person, partnership, corporation or other entity who shall violate any provision of this § 329-2 shall be guilty of a summary offense and, upon conviction thereof, be sentenced to pay a fine of not less than $300 nor more than $600, together with costs of prosecution, and may be imprisoned for a period up to 10 days. Every day that a violation of this section continues shall constitute a separate offense.
Notice of violation to property owner. In an effort to keep the owners of private property aware of criminal conduct on their property resulting in disturbances to other citizens, whenever a person other than the property owner is cited under the provisions of this article, the owner may be notified that such disturbance occurred on his, her or its property.
The Council of the Borough of Springdale determines as follows:
That certain private properties require a disproportionate amount of attention from the Code Enforcement personnel and Police Department in order to properly protect the Borough citizens' health, safety, sanitation, and general welfare.
That the municipal services of the Borough of Springdale are being strained and the citizens of the Borough of Springdale are being unfairly burdened by repeated violations of the Property Maintenance Code, other Borough ordinances, or state criminal statutes occurring on certain properties.
That the owners of private properties have the responsibility to minimize required code enforcement and police services and to reduce the burden on the citizens of the Borough of Springdale of the nuisances created by Property Maintenance Code violations and/or public disturbances originating from their properties.
"Property," as it pertains herein, shall include a specific address regardless of the number of living units within the property.
Violations used to determine nuisance. Violations of certain sections of the Property Maintenance Code and local ordinances and state criminal statutes directly affect the safety, welfare, and quality of life of the citizenry. Violations of the following ordinances or statutes, as amended from time to time, shall be utilized to determine whether a property is a nuisance property:
Borough of Springdale Property Maintenance Code, Chapter 349 of the Code of the Borough of Springdale.
Loud, disturbing and unnecessary noises prohibited. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Borough.
Enumeration of loud, disturbing and unnecessary noises. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive; namely:
Horns, signaling devices, etc. The sounding of any horn or signaling device on any motor vehicle, motorcycle, locomotive or other means of conveyance within the limits of the Borough, except as a danger warning; the creation by means of such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or by electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.
Racing motors. The unnecessary or unnatural acceleration, deceleration or racing of a motor in a motor vehicle, whether in motion or at rest, within the limits of said Borough.
Exhausts. The discharge upon the open air of the exhaust of any steam or diesel locomotive, stationary internal-combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
Defect in vehicle or use of loud vehicle. The use of any motor vehicle, motorcycle or other piece of machinery or equipment so out of repair, loaded or defective in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
Radios, phonographs, etc. The using, operating, playing, or permitting to be played, used or operated, any radio receiving sets, musical instruments, sound amplifiers, phonographs, speakers, or other machines or devices for the production or reproduction of sound in such a manner as to disturb the peace, quiet, comfort and repose of the neighboring inhabitants at any time with a louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto. The operation of any such set instrument, phonograph, machine, speaker or device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located shall be a violation of this section.
Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public street for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any school, church or office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
Animals, birds, etc. The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any persons in the vicinity.
Loading, unloading, opening boxes. The creating of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and other containers.
Construction or repair of buildings, lands and streets. The construction, erection (including excavating), demolition, alteration, removal, replacement or repair of any streets, highways, lands, parking areas, or buildings shall be permitted within the Borough only between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday. Only owners and residents shall have the right to repair their own properties on Sunday and only between the hours of 1:00 p.m. and 7:00 p.m. Such activities may be engaged in at other hours if necessitated by concerns for public health and safety and then only with the permit issued by the Borough or its designee, which permit shall be granted for a period not to exceed three days or less while the emergency continues, and the permit may be renewed for periods of three days or less while the emergency continues. In order to grant such a permit, the Borough or its designee must determine that the public health and safety will not be impaired by the granting of the permit.
Hawkers, peddlers. The shouting or crying of peddlers, hawkers, buyers or vendors which disturbs the peace and quiet of the neighborhood.
Railway, operation thereof. The causing, permitting or continuing any excessive unnecessary and avoidable noise in the operation of any railway locomotive or railway car or train of cars.
Amplified noises. To create or cause to be created amplified noise that can be heard by persons of normal hearing acuity within 50 feet of any boundary of the property on which the noise is originating. "Amplified noise" shall be considered any sound increased in volume by electronic means so as to be discernible more than 50 feet from the edge of the property on which the electronic amplification is located.
Enforcement; violations and penalties.
Borough Council, or any officer, agent or employee designated thereby for the purpose, is authorized to enforce this section.
Any person, partnership, corporation or other entity who shall violate any provisions of this section shall be guilty of a summary offense and, upon conviction thereof, be sentenced to pay a fine of not more than $600, and costs of prosecution, and may also be imprisoned for not more than 10 days, provided that, if any person or persons shall permit a violation of this section to continue after notice to desist, each additional violation shall be considered as a separate offense, provided, if any violation of any provision of this section shall also constitute a violation of a specific provision in the laws of Pennsylvania, such violation shall be prosecuted under the applicable law and not under this section.
Exceptions. Nothing in this section shall permit or make unlawful the natural and unusual noises associated with athletic events, parades, or other such affairs open to the public, or affairs by which a permit has been issued by the Borough to use public streets and/or property.
Disorderly conduct prohibited. Disorderly conduct is hereby prohibited within the Borough of Springdale. Any person who shall willfully make or causes to be made any loud, boisterous and unseemly noise or disturbance to the annoyance of the peaceable residents nearby, or near to any public street or alley, or public ground within the Borough whereby the public peace is broken or disturbed or the traveling public annoyed shall be guilty of disorderly conduct.
Disturbance of peace prohibited; open containers of alcohol; licenses for waivers.
Disturbance of the peace is hereby prohibited within the Borough of Springdale. Any person who shall be guilty of any willful act 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 inhabitants of the Borough or to users of any of the public streets or alleys in the Borough; or who shall fight or quarrel or incite others to fight or quarrel; or who shall publicly make use of obscene or indecent language; or who shall loaf or loiter or congregate upon any of the public streets or alleys or public grounds in the Borough, to the annoyance of the peaceable residents nearby or traveling upon any street or alley or being lawfully upon any of the public grounds in the Borough whereby the public peace is broken or disturbed or the traveling public annoyed; or who shall drink any alcoholic beverage as defined in § 329-1 hereof while being in or upon any of the public streets or alleys or parks or other public grounds in the Borough, shall be guilty of disturbance of the peace.
Any person who shall have in his possession an open container, bottle or can, containing any alcoholic beverage as defined in § 329-1 hereof while being in or upon any public streets, alleys, parks or other public grounds in the Borough of Springdale shall be guilty of disturbing the peace.
The Borough Council, by resolution, may establish and revise regulations to permit the possession of an open container of an alcoholic beverage as defined in § 329-1 hereof for a specific community event in public places on such terms, at such times, and at such locations as are established by regulations.
Any person, group, or establishment desiring to conduct a community event and obtain a waiver of the provisions of any section hereof prohibiting public consumption of alcoholic beverages shall submit an application to the Borough to obtain a license for such waiver; provided, however, that the Borough is not required to grant such a waiver.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Possession of open containers in nonconformance with this article. Any person, group, or establishment that does not conform to the provisions of this article shall be guilty of disturbing the peace when a violation of possessing an open container of an alcoholic beverage as defined in § 329-1 hereof on a public place occurs as a result of nonconformance with this article.
Revocation of license. Any person, group, or establishment that has been issued a license, but does not abide by this article, shall be subject to the penalties contained in Subsection E and, in addition, may have the license revoked by the Borough.
Violations and penalties. Any person who shall violate any provision of this section shall be guilty of a summary offense, and, upon conviction thereof, be sentenced to pay a fine of not more than $600, and costs of prosecution.