[Adopted 10-2-1964 by Ord. No. 96 (Ch. 122 of the 1990 Code)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article is enacted under the Authority of the Act of 1933, May 1, P.L. 103, Art VIII, Section 702, Clause XLVII, as amended; Clause XX, as amended; and Clause XLI, as amended. See now 53 P.S. § 66527 (Section 1527 of Act 60-1995, the renumbered Second Class Township Code), Authority to secure public safety and to define disturbing the peace.
This article shall be known and may be cited as the "Conduct Ordinance of Upper Providence Township."
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings 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. The word "shall" is always mandatory and not merely directory.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
Upper Providence Township, Montgomery County, Pennsylvania.
No person in the Township shall:
A. 
Tumultuous conduct. Disturb, tend to disturb or aid in disturbing the peace of others by violent, tumultuous, offensive or obstreperous conduct, and no person shall knowingly permit such conduct upon any premises owned or possessed by him or under his control.
B. 
Assault. Beat, strike, wound, imprison or inflict violence on another where the circumstances show malice or assault another with intent to commit murder, rape, mayhem, robbery or larceny; nor shall any person assault another with a lethal weapon, instrument or thing with intent to commit upon the person of another any bodily injury where no considerable provocation appears or where the circumstances of the assault show malice.
C. 
Fighting. Fight another person, except in boxing exhibitions duly authorized and licensed under law.
D. 
Vagrancy. Have the status or condition of a vagrant. The following persons shall be deemed vagrants:
(1) 
No lawful means of support. Any person having no lawful means of employment and having no lawful means of support realized solely from lawful occupations or sources or any person who lives idly and without visible means of support.
(2) 
Loitering. Any person found loitering or strolling in, about or upon any street, alley or other public way or public place or at any public gathering or assembly or in or around any store, shop or business or commercial establishment or on any private property or place, without lawful business and conducting himself in a lewd, wanton or lascivious manner in speech or behavior.[1]
[1]
Editor's Note: See also Ch. 214, Art. III, Loitering.
(3) 
Burglars' tools. Any person upon whose person or in whose possession shall be found any instrument, tool or other implement for picking locks or pockets or any implement that is usually employed or that reasonably may be inferred to have been designed to be employed in the commission of any felony, misdemeanor or the violation of any ordinance, and who shall fail to account satisfactorily for the possession of the same.
(4) 
Unlawful occupancy. Any person wandering abroad and occupying, lodging or sleeping in any vacant or unoccupied barn, garage, shed, shop or other building or structure or in any automobile, truck, railroad car or other vehicle, without owning the same or without permission of the owner or person entitled to the possession of the same, or sleeping in any vacant lot during the hours of darkness and not giving a satisfactory account of himself.
(5) 
Begging. Any person wandering abroad and begging or any person who goes about from door to door of private homes or commercial and business establishments or places himself in or upon any public way or public place to beg or receive alms for himself.
(6) 
Abroad at unusual hours. Any person who wanders about the streets, alleys or other public ways or places or who is found abroad at late or unusual hours in the night without any visible or lawful business and not giving a satisfactory account of himself.
(7) 
Illegal association. Any person who keeps, operates, frequents, lives in or is employed in any house or other establishment of ill fame or who, whether married or single, engages in or commits acts of fornication or perversion for hire.
(8) 
Fraudulent schemes. Any person who shall engage in any fraudulent scheme, device or trick to obtain money or other valuable thing from others or any person who aids or assists such trick, device or scheme.
(9) 
Concealing stolen property. Any person who keeps a place where lost or stolen property is concealed.
(10) 
All persons who by the common law are vagrants, whether embraced in any of the foregoing classifications or not.
E. 
Unlawful disturbance of religious worship. Disquiet or disturb a congregation or assembly for religious worship by making a noise or by rude or indecent behavior or profane discourse within their place of worship or so near the same as to disturb the order or solemnity of the meeting.
F. 
Throwing of missiles. Throw any stone, snowball or any other missile upon or at any vehicle, building, tree or other public or private property or upon or at any person in any public or private way or place or enclosed or unenclosed ground.
G. 
Ballplaying. Throw, kick or knock any ball or play ball in any other manner upon any public street, alley or sidewalk.
H. 
(Reserved)[2]
[2]
Editor’s Note: Original § 122-4H of the 1990 Code, regarding fireworks, was repealed 3-4-2019 by Ord. No. 574.
I. 
Indecent exposure. Swim or bathe in water in the Township where such conduct is allowed unless wearing a bathing suit or other suitable garment to protect his person from exposure.
J. 
Bonfires. Make or assist in making any bonfires in or upon any public street or place within the Township without the permission of the Supervisors.
K. 
False alarm of fire or need for police or ambulance assistance. Intentionally make, turn in or give a false alarm of fire or of need for police or ambulance assistance or aid or abet in the commission of such act.
L. 
False report of crime. Make to or file with any police officer of the Township any false, misleading or unfounded statement or report concerning the commission or alleged commission of any crime occurring within the Township.
M. 
Interference with police officer.
(1) 
Resisting officer. Resist any police officer or any person duly empowered with police authority while in the discharge or apparent discharge of his duty or in any way interfere with or hinder him in the discharge of his duty.
(2) 
Assisting in escape. Offer or endeavor to assist any person in the custody of a police officer or any person duly empowered with police authority to escape or to attempt to escape from such custody.
(3) 
Impersonating an officer. No person, other than an official police officer of the Township, shall wear or carry the uniform, apparel, badge, identification card or any other insignia of office like or similar to or a colorable imitation of that adopted and worn or carried by the official police officers of the Township.
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. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but said enumeration shall not be deemed to be exclusive, namely:
A. 
Horns, signaling devices, etc. The sounding of any horn or signaling device of any automobile, motorcycle or other vehicle on any street or public place of the Township, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for any unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
B. 
Radios, phonographs, etc. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph 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 louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 6:00 a.m. prevailing local time 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 prima facie evidence of a violation of this section.
C. 
Loudspeakers and amplifiers for advertising. The using or operating of or permitting to be played, used or operated 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 streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
D. 
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in the vicinity.
E. 
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.
F. 
Steam whistles. The blowing of any steam whistle, except to give notice of the time to begin or stop work or as a warning of fire or danger or upon the request of proper Township authorities.
G. 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motor boat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
H. 
Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
I. 
Loading, unloading and opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
J. 
Hawkers and peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
K. 
Drums. The use of any drum or other instrument or device for the purpose of attracting attention, by creating noise, to any performance, show or sale.
L. 
Transportation of metal rails, pillars and columns. The transportation of rails, pillars or columns or iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
M. 
Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
[Amended 9-17-1990 by Ord. No. 301; 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 brought before a Magisterial District Judge 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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.