[HISTORY: Adopted by the Borough Council of the Borough of East Greenville 6-3-2024 by Ord. No. 2024-06.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 42, Disorderly Conduct, adopted 8-3-2020 by Ord. No. 2020-01.
A. 
Disorderly conduct prohibited.
(i) 
Disorderly conduct, as defined in the Pennsylvania Crime Code, 18 Pa.C.S.A. § 5503, is hereby prohibited within the Borough.
(ii) 
As used in enforcing this article, 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 streets, alleys and sidewalks, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.
B. 
Disorderly practices. A person is guilty of disorderly conduct if they:
(i) 
Engage in fighting or in threatening, violent or tumultuous behavior.
(ii) 
Make unreasonable noise.
(iii) 
Use obscene language or make an obscene gesture.
(iv) 
Create a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.
C. 
Violations and penalties. Any person, firm or corporation who shall violate any provision of this § 42-1.1, except as specifically set forth, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
A. 
Unnecessary or excessive noise prohibited and defined as disorderly conduct.
(i) 
Specifically prohibited unreasonable noise, within the meaning of this chapter, is hereby defined to include the following:
(a) 
For any person at any time to use a horn or other warning device otherwise than as a reasonable warning, or to make any unnecessary or unreasonable loud or harsh sound by means of a horn or other warning device.
(b) 
The playing of any radio, phonograph or any musical instrument in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital or any dwelling, hotel or other type of residence or of any persons in the vicinity thereof.
(c) 
Yelling, shouting, hooting, whistling or singing on the public streets and/or public property so as to annoy or disturb the quiet, comfort or repose of any persons in any hospital, dwelling, hotel or other type of residence or of any persons in the vicinity thereof.
(d) 
Permitting any animal, bird or fowl in one's possession or under one's control to make any frequent or long-continued noise of such character or intensity as to disturb the comfort or repose of any person.
(e) 
The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger.
(f) 
The erection (including excavating), demolition, alteration or repair of any building in any residential district or section, the excavation of streets or highways in any residential district or section other than between the hours of 7:00 a.m. and 10:00 p.m. on Monday through Saturday, except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Borough Secretary, which permit may be granted for a period not to exceed 30 days while the emergency continues. If the Borough Council should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 10:00 p.m. and 7:00 a.m., and if they shall further determine that loss or inconvenience would result to any party in interest, they may grant permission for such work to be done between the hours of 10:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
(g) 
The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court, while the same are in session, which unreasonably interferes with the workings of sessions thereof and the making of any other noise so as to annoy the users and/or occupants of such places or buildings as are herein defined.
(h) 
The use of any drum, loud speaker or other instrument or device for the purpose of attracting attention to the sale or display of merchandise of a commercial character.
(i) 
Refuse-compacting vehicles. Operating of or permitting to be operated the compact cycle of the motor vehicle which can compact refuse between the hours of 6:00 p.m. and 6:00 a.m. the following day in residential areas.
(j) 
For any person or persons to make any unreasonable noise continuously and/or incessantly for a period in excess of 10 minutes, or make such noise intermittently for 30 minutes or more which results in a disturbance to any person at any time of the day or night, regardless of whether the noise disturbance is physically situated in or upon private property.
(ii) 
This regulation of specifically prohibited unreasonable noise in this article shall not limit the unreasonable noise prohibited by § 42-1.1B of this chapter.
B. 
Exceptions. None of the terms or prohibitions hereof shall apply to or be enforced against:
(i) 
Any vehicle or personnel of the Borough while engaged upon necessary public business, and/or emergency vehicles such as police, ambulance and fire companies.
(ii) 
Excavations or repairs of bridges, streets or highways by or on behalf of the Borough during the nighttime, when the public welfare and convenience renders it impossible to perform such work during the daytime.
(iii) 
Parades with band music on holidays or by civic organizations or by the public schools or divisions of the public schools.
(iv) 
School sports events which may or may not be accompanied by cheering and/or music.
(v) 
The reasonable use of amplifiers or loud speakers in the course of public addresses which are noncommercial in character.
(vi) 
Fireworks exhibits held under permit by the Borough.
C. 
Violations and penalties. Any person who shall violate any provision of this § 42-1.2 shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days; provided, however, that if the District Justice determines that the defendant is without financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.
Due to the density of the population in the Borough of East Greenville, it is necessary that the discharging of projectile weapons be regulated for the protection of the public health and safety and general welfare of the residents, property owners, visitors and others within the Borough of East Greenville, and that the unauthorized discharge of projectile weapons be prohibited.
As used in this article, the following term shall have the meaning indicated:
PROJECTILE WEAPON
Includes, but is not limited to, any gun, shotgun, rifle, handgun, pistol, pellet gun, BB gun, other firearm, crossbow, bow and arrow, slingshot, or any device which propels a projective through the use of force.
Exceptions to this article are as follows. However, in no case shall a projectile weapon be discharged before dawn or after dusk and/or within 150 yards of an adjacent occupied structure, except as provided under the following Subsections A, B, D, and E below:
A. 
The use of a projectile weapon is permitted when employed by any duly appointed law enforcement officer in the course of his or her official duty.
B. 
The use of a projectile weapon is permitted when necessary as authorized under state and/or federal laws.
C. 
The use of a projectile weapon is permitted when hunting in conformity with the game laws and other applicable laws, regulations, permits and ordinances of the Commonwealth of Pennsylvania and this Borough, including, but not limited to, a deer control permit issued by the Pennsylvania Game Commission, provided that any person hunting upon the land of another shall have the written permission of the landowner or lessee of the property and shall have the written permission upon his or her person. The written permission shall be signed by the owner, the owner's authorized representative or official, or lessee, shall clearly and legibly state the name and address of the person to whom the permission has been granted and shall be dated and shall be valid only for that period as appears on the face of the permittee's then-current state hunting license or permit.
D. 
The discharging of projectile weapons shall be allowed on indoor or outdoor shooting ranges pursuant to applicable provisions of Chapter 95, Zoning, as may be amended, under the supervision of the owner or occupant of that property or his or her duly appointed representative, provided that such range is issued all necessary Borough permits, including such zoning and occupancy permits as shall be required by applicable Borough ordinances, rules, or regulations.
E. 
Farmers engaged in "normal agricultural operation" protecting their "agricultural commodity" from animal predators in accordance with the Pennsylvania Right to Farm Act, 3 P.S. § 951 et seq.
F. 
Members of any organization incorporated under laws of this commonwealth engaged in target shooting upon the grounds or property belonging to or under the control of such organization or affiliated club, such as the Pennsylvania Federation of Sportsmen's Clubs, Inc.
The careless, reckless or improper use of any projectile weapon tending to imperil or cause danger or harm to personal security or to endanger the property of any person within the Borough of East Greenville is prohibited.
Any law enforcement officer lawfully engaged in his law enforcement duties within the Borough of East Greenville is hereby authorized to seize, for evidentiary purposes, any projectile weapon, as defined herein, which shall be fired or discharged within the limits of the Borough of East Greenville in violation of this article.
Any person or persons discharging a projectile weapon in violation of any of the provisions of this article, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Prosecution under this article may be instituted by the Borough Zoning or Code Enforcement Officer or by any law enforcement officer. Enforcement shall be by an action brought before a magisterial district judge in the same manner as provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Borough Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pennsylvania Rule of Criminal Procedure No. 454(c) (relating to trial in summary cases).