[Adopted 9-11-1978 by Ord. No. 679]
"Disorderly conduct" and/or "nuisances," within the limits of
the Borough of Narberth, are 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 or users of its streets and highways
and other public property and shall include loafing, fighting, drunkenness,
obscenity, vagrancy, begging, the making of unnecessary noises, profanity
or indecent language, reckless or careless driving or any other use
of vehicles by owners or occupants thereof or any such use as shall
endanger the safety or interfere with the comfort and convenience
of persons using or residing on the streets or highways or other public
property.
[Added 3-14-2016 by Ord.
No. 991]
A. The following
actions are specifically prohibited within a residential zone, or
within a radius of 500 feet therefrom, between the hours of 8:00 p.m.
and 7:30 a.m. of the following day between and including Sunday evening
through and including Friday morning, and between the hours of 8:00
p.m. and 9:00 a.m. of the following day between and including Friday
evening through and including Sunday morning and all federal and commonwealth
holidays, regardless of the sound level which is emitted, unless otherwise
exempted in this article:
(1) Load
or unload trucks or other motor vehicles or open, close or otherwise
handle boxes, crates, containers, building materials, garbage cans
or other objects in such a manner as to be plainly audible across
a property line.
(2) Rebuild
or test or otherwise work on any motorcycle, motor vehicle, motorboat
or aircraft in such a manner as to be plainly audible across a property
line.
(3) Operate
or permit the operation of any equipment used in construction, repair,
alteration or demolition work on buildings, structures, streets, alleys
or appurtenances thereto.
(4) Except
when necessary to provide access to and from a property, operate or
permit the operation of any power equipment powered by gasoline, electric,
battery-operated, or similar power sources, used for home or building
repair or grounds maintenance, including, but not limited to, power
saws, power generators, chain saws, sanders, lawn mowers, garden equipment
or snow removal equipment.
(5) Operate
or permit the operation of any power equipment powered by electric,
battery-operated, or similar power sources, including, but not limited
to, chain saws, pavement breakers, log chippers, power generators,
powered hand tools.
(6) Operate
or permit the operation of any model aircraft powered by internal
combustion engines, whether tethered or not, or the firing or operating
of model rocket vehicles or other similar noise-producing devices.
(7) Collect
or permit the collection of garbage, waste or refuse.
(8) Operate
or permit the operation of a recreational vehicle, including, but
not limited to, all-terrain vehicles, trail bikes, dirt bikes, mini-bikes,
go-carts, dune buggies, snowmobiles, quads and the like, regardless
of whether the operator is upon the private property of the operator
or on the private property of some third person who has granted permission
to the operator to be operating the recreational vehicle on their
property.
[Amended 4-21-2021 by Ord. No. 1032]
B. The following
actions are specifically prohibited within a residential zone, or
within a radius of 500 feet therefrom, between the hours of 8:00 p.m.
and 7:30 a.m. of the following day between and including Sunday evening
through and including Friday morning, and between the hours of 11:00
p.m. and 9:00 a.m. of the following day between and including Friday
evening through and including Sunday morning and all federal and commonwealth
holidays. However, the evening hours shall be extended for one hour
upon the commencement of daylight saving time and shall remain extended
until daylight saving time ends and standard time resumes. Such actions
are prohibited during these times regardless of the sound level which
is emitted, unless otherwise exempted in this article.
(1) Play
or permit the operation or playing of any radio, television, phonograph,
drum, musical instrument, music player, sound amplifier or similar
device which produces, reproduces or amplifies sound in such a manner
as to be plainly audible across a property line or from within another
dwelling unit, nor shall these activities take place in a motor vehicle
in such a manner as to be plainly audible at 100 feet.
(2) Yell,
shout, whistle, sing or otherwise create noise in public areas in
such a way that disturbs the quiet, comfort or repose of persons in
any dwelling, hotel or other type of residence.
C. Exemptions.
The following uses and activities shall be exempt from the noise regulations
of this section:
(1) Noise
of safety signals, warning devices, emergency pressure relief valves,
or other sound needed to alert people about an emergency;
(2) Noise
resulting from any authorized emergency vehicle when responding to
an emergency call or from any source acting in time of emergency;
(3) Noise
resulting from emergency work;
(4) Noise
resulting from public festivals, celebrations, lawful fireworks, and
noisemakers, when permitted by the Borough or used for celebration
of an official holiday authorized by the Borough, commonwealth, or
federal government;
(5) Noise
resulting from any athletic, recreational, or other such outdoor activity
from an official Borough, school district, or other organized league
recognized by the Borough;
(6) A snow
plow in operation;
(7) Blasting,
only if performed in accordance with a permit issued by the Pennsylvania
Department of Environmental Protection, the Borough or any other governmental
agency having jurisdiction. Such blasting may occur only between the
hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, unless specifically
authorized at different tunes by the DEP permit;
(8) Any
train or aircraft operating pursuant to commonwealth or federal regulations;
(9) Noise
resulting from the operation of a recreational vehicle by a Borough,
county, or commonwealth employee or agent acting in an official capacity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Montgomery County.
[Added 3-14-2016 by Ord.
No. 991]
A. Except as provided in §
366-6 hereof, when the penalty imposed for the violation of this article is not voluntarily paid to the Borough, the Borough shall initiate a civil enforcement proceeding before a Magisterial District Judge. The civil enforcement proceeding shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure.
B. In any
case where a penalty for a violation of this article has not been
timely paid and the person upon whom the penalty was imposed is found
to have been liable therefor in civil proceedings, the violator shall
be liable for the penalty imposed, including additional daily penalties
for continuing violations, plus court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings.
[Added 3-14-2016 by Ord.
No. 991]
For all provisions regulating nuisances, disorderly conduct
and other specific prohibited conduct under this article, enforcement
shall be by action brought before a Magisterial District Judge in
the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Civil Procedure. In accordance with state
law, the Borough's Solicitor is authorized to assume charge of the
prosecution without the consent of the District Attorney.
[Added 3-14-2016 by Ord.
No. 991]
Nothing herein shall limit the Borough's ability to enforce
any violation of this article through an action in equity brought
in the Montgomery County Court of Common Pleas.