This chapter will be known as the "Disturbance of the Peace Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Barrett 8-14-2024 by Ord. No. 206. Amendments noted where applicable.]
A.
Disturbance of the peace is hereby prohibited within the Township of Barrett.
B.
"Disturbance of the peace" is defined as conduct, with intent to cause public inconvenience, annoyance, or alarm or the reckless creating of a risk thereof, by any person if he or she:
(1)
Engages in fighting or threatening to fight, assault or harass or in violent or tumultuous behavior.
(2)
Makes unreasonable noise. Any noise which, due to intensity, frequency, duration, location, lack of shielding or other reason, causes injury, hurt, inconvenience, or discomfort to others in legitimate use and enjoyment of their rights of person or property.
(3)
Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
C.
As used in Subsections B and D hereof, the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, streets, schools, apartment houses, places of business or amusement, any neighborhood or any premises which are open to the public.
D.
Without limiting the generality of Subsection B above, no person shall:
(1)
Commit or engage in any willful act causing or tending to cause a disturbance of the peace and good order of the Township.
(2)
Fight or quarrel or incite others to fight or quarrel.
(3)
Make unnecessary use of any siren, bell, whistle or other noisemaking device.
(4)
Operate any motor vehicle in any way that shall cause any loud, unnecessary or unusual noise.
(5)
Allow a dog to bark for an unreasonable length of time: It shall be illegal within the Township of Barrett for any person or persons to own, possess, harbor or control any dog or animal which makes any noise continuously and/or incessantly for a period of 15 minutes or makes such noise intermittently for 30 minutes or more to the disturbance of any person at any time of the day or night, regardless of whether the animal or dog is physically situated in or upon private property, said noise being a nuisance, provided that at the time the animal or dog is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal or dog is situated, nor is there any other legitimate cause which justifiably provoked the animal or dog.
(6)
Operate a radio, record player, television set, musical instrument, CD player, DVD player or any music-, speech- or noise-emanating device in a manner which unnecessarily disturbs the peace and quiet of the neighborhood to the annoyance of peaceable residents nearby or traveling upon any street or alley or being lawfully upon any public grounds in the Township, whereby the public peace is broken or disturbed or the traveling public is annoyed. Use of any noise-emanating device under this section will be deemed a nuisance if such use occurs between the hours of 10:00 p.m. and 7:00 a.m.
(7)
Maintaining lights of such intensity, prominence, color or blinking thereof at such time of night as to interfere unnecessarily and unreasonably with the safe operation of motor vehicles or with the reasonable enjoyment and use of dwellings or houses.
(8)
Obstruct the free passage of pedestrians or vehicles upon any of the public sidewalks or streets of the Township.
(9)
Obstruct, molest or interfere with any person lawfully in any public place.
(10)
At nighttime, maliciously congregate or prowl around a dwelling and/or house or any other place used wholly or in part for living or dwelling purposes, belonging to or occupied by another.
A.
Any person who violates or permits a violation of this chapter 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 chapter that is violated shall also constitute a separate offense.
B.
Any officer of the Pocono Mountain Regional Police Department, the Barrett Township Codes Officer and Zoning Officer, and any other Township official designated by resolution of the Board of Supervisors, are authorized to issue citations for violations of this chapter and to appear in court on behalf of the Township for all enforcement matters.