[Ord. 4/13/2006]
As used in this Part, the following terms have the meanings
indicated, unless a different meaning clearly appears from the context:
The Chief of Police of the Township of Montour or a designated
representative.
From 10:00 p.m. until 6:00 a.m., Sunday through Thursday,
and from 12:00 a.m. until 6:00 a.m., Friday and Saturday.
The shortest path of travel through a public place to reach
a final destination without any detour or stop along the way.
Any situation requiring immediate action to prevent serious
bodily injury or loss of life, including, but not limited to, a fire,
natural disaster and automobile accident.
Any privately owned place of business, operated for a profit,
to which the public is invited, including but not limited to any place
of amusement or entertainment.
Any person under 18 years of age.
Any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes
the members or partners of an association or partnership and the officers
of a corporation.
A person who is:
Any street, alley, highway, sidewalk, playground, park, plaza,
building, or other place used by or open to the public.
To:
[Ord. 4/13/2006]
1.
A minor commits an offense if he remains in any public place or on
the premises of any establishment within the Township during curfew
hours.
2.
A parent of a minor commits an offense if he knowingly permits, or
by insufficient control allows, the minor to remain in any public
place or on the premises of any establishment within the Township
during curfew hours.
3.
The owner, operator, or any employee of an establishment commits
an offense if he knowingly allows a minor to remain upon the premises
of the establishment during curfew hours.
[Ord. 4/13/2006]
1.
It is a defense to prosecution under § 6-102 that the minor was:
A.
Accompanied by the minor's parent;
B.
On an errand at the direction of the minor's parent and was
using a direct route;
C.
In a motor vehicle involved in interstate travel;
D.
Engaged in an employment activity, including but not limited to newspaper
delivery, and was using a direct route;
E.
Involved in an emergency;
F.
On the sidewalk abutting the minor's residence or abutting the
residence of a next-door neighbor if the neighbor did not complain
to a police officer about the minor's presence;
G.
Attending an official school or religious activity or returning home
by direct route from an official school or religious activity;
H.
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech,
and the right of assembly; or
I.
Married or had been married.
[Ord. 4/13/2006]
2.
The Police Department shall, by certified mail, return receipt requested, notify a parent of the minor that the minor has violated § 6-102, Subsection (1), and include a warning that any subsequent violation may result in prosecution of the minor and the parent under this Part 1. If the minor was found in violation of § 6-102, Subsection (1), at an establishment, the Police Department shall, by certified mail, return receipt requested, notify the owner, operator, or employee of the violation and include a warning that any subsequent violation may result in prosecution of the owner, operator, and employee under this Part 1.
[Amended 12/10/2009]
For the purposes of this Part, 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, words in the singular number include the plural number and
the word "shall" is always mandatory and not merely directory.
A person owning, leasing, occupying or having charge of any
premises within the Township.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Montour, Columbia County, Pennsylvania.
[Amended 12/10/2009]
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 Township, provided that noises created in the normal and reasonable
course of a legitimate business activity shall not be deemed illegal.
[Amended 12/10/2009]
1.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Part, but said enumeration
shall not be deemed to be exclusive, namely:
A.
Horns, signaling devices, etc.: Sounding any horn or signaling device
on any automobile, motorcycle, street car or other vehicle on any
street or public place of the Township, except as a danger warning;
creating, by means of any such signaling device, any unreasonably
loud or harsh sound; or the sounding of any such device for any unnecessary
or unreasonable period of time.
B.
Radios, phonographs, television sets, etc.: Using, operating or permitting
the playing, use or operation of any radio receiving set, television
set, musical instrument, phonograph, tape player or other machine
or device for the producing or reproducing of sound in such manner
as to disturb the peace, quiet and comfort of the neighboring inhabitants,
or, at any time, with louder volume than is necessary for convenient
hearing for the person or persons who are in the room or the vehicle
in which such machine or device is being operated. The operation of
such set, instrument, phonograph, machine or device between the hours
of 10:00 p.m. and 7:00 a.m. in such manner as to be plainly audible
at a distance of 50 feet from the building, structure or vehicle in
which it is located or 50 feet from any property line of the lot on
which it is located shall be prima facie evidence of a violation of
this section.
C.
Loud speakers, amplifiers for advertising: Using, operating or permitting
the playing, use or operation of any radio receiving set, municipal
instrument, phonograph, loudspeaker, sound amplifier or other machine
or device for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure
except in the course of legitimate business activity or auction sales.
D.
Yelling, shouting, etc.: Yelling, shouting, hooting, whistling or
singing on the public streets, particularly between the hours of 10:00
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 dwelling, hotel or
other type of residence, or of any persons in the vicinity.
E.
Exhausts: The discharge into the open air of the exhaust of any stationary
internal combustion engine, or motor vehicle, except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
[Amended 12/10/2009]
Any person violating this Part 2 shall, upon conviction thereof
before any Magisterial District Judge, be sentenced to pay a fine
of not less than $25 and not more than $300, together with costs of
prosecution, and in default of payment thereof, may be sentenced and
committed to imprisonment for a period not to exceed 30 days. Said
fine and costs may be collected by suit or summary proceedings brought
in the name of Montour Township.
