[HISTORY: Adopted by the Board of Supervisors of the Township
of Harborcreek as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-21-2016 by Ord. No. 2016-218]
A.
As used in this article, the word "person" shall mean and include
any natural person, partnership, association, firm or corporation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The singular shall include the plural, and the masculine shall include
the feminine and the neuter.
It shall constitute the offense of disorderly conduct for any person to disturb the good order and quiet of the Township by clamor or noise to the annoyance of any of its residents or to endanger or violate the public peace in any other manner by indecent or disorderly conduct as set forth hereafter in § 318-3.
A.
The following acts, committed by any person with intent to provoke
a breach of the peace, or whereby a referenced, shall be guilty of
the offense of disorderly conduct when:[1]
(1)
Shouting or making a noise either outside or inside a building during
the nighttime to the annoyance or disturbance of any number of persons.
(2)
Disturbing, tending to disturb or aiding in disturbing the peace
of others by violent, tumultuous, offensive or obstreperous conduct.
(3)
Operating, playing or permitting the operation or playing of any
radio, phonograph, television, drum, musical instrument, sound amplifier,
automobile radio, automobile stereo or high-fidelity equipment or
similar device which produces, reproduces or amplifies sound:
(a)
At any time of the day in such a manner from any source as to
create a noise disturbance across a real property boundary; or
(b)
In such a manner as to create a noise disturbance across any
real property boundary when operated in or on a motor vehicle on a
public right-of-way or public space; or
(c)
In such a manner as to create a noise disturbance to any person
other than the operator of the device when operated by any passenger
on a common carrier; or
(d)
At such a sound intensity that the sound is audible from a distance
of 50 feet in any public area, street or sidewalk of the Township
when the sound source is in any public area, street or sidewalk of
the Township.
[1]
Editor's Note: So in original.
Policemen shall, and may, within the Township or upon property
owned or controlled by the Township or any municipal authority of
the Township, either with or without a warrant, but upon view, arrest
and commit for hearing any and all persons guilty of disorderly conduct.
After hearing before a Magisterial District Judge, and conviction
for the offense of disorderly conduct, the defendant shall be fined
not more than $500, recoverable with costs, together with judgement
of imprisonment of not more than 90 days if the penalties and costs
are not paid.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality, or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of Harborcreek
Township that this article would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
This article shall become effective on the date of its passage,
Wednesday, December 21, 2016.
