Borough of Columbia, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Columbia 12-10-2007 by Ord. No. 784. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 77.
Noise — See Ch. 149.
Any person who shall commit or cause to be committed any act, word or conduct causing a breach of the peace and good order of the Borough of Columbia shall be guilty of disorderly practices in violation of this chapter if that person:
A. 
Causes any danger, discomfort or unreasonable annoyance to any of the inhabitants of the Borough of Columbia or users of the Borough of Columbia thoroughfares or public areas, including, but not limited to, anyone who shall willfully make any loud, boisterous or unseeming noise or disturbance; or
B. 
Fights or quarrels or incites others to fight or quarrel; or
C. 
Congregates with others upon any of the Borough of Columbia thoroughfares or other public areas of the Borough of Columbia to the reasonable annoyance of peaceable residents nearby or users of any Borough of Columbia thoroughfares or public areas by the use of obscene or other offensive language or by threatening conduct; or
D. 
Loiters near or in the entrances to commercial establishments, whether on public or private property, or any place of public resort, whether public or private, or upon any private property within the Borough of Columbia without the consent of the owners thereof, whereby the public peace is broken or disturbed or the traveling public is reasonably annoyed by obscene or other offensive language, by loud or boisterous noise, by threatening conduct, or by blocking entrance to such an establishment; or
E. 
At any time makes any sound which reasonably annoys or disturbs humans or which reasonably causes an adverse psychological or physiological effect on humans in a manner that the sound is heard across property lines or through tenant walls or between one dwelling unit and another, or in a manner that the sound is heard in excess of 50 feet from the source of the sound; or
F. 
Discharging a firearm, air rifle or bow and arrow anywhere within the Borough of Columbia.
[Added 10-11-2010 by Ord. No. 807]
The sounds in § 108-1 above are any sound and may typically include, but are not limited to, such things as motor vehicles and motor vehicle accessories, domestic power tools, motorized lawn and garden equipment, loading and unloading vehicles, powered model vehicles, street sales, motor vehicle repairs and testing, unnecessary horn blowing, sound trucks, public address systems, radios, televisions, stereos and CD players and musical instruments.
The use of domestic powers tools, powered model vehicles, motor vehicle repairs and testing, radios, televisions, stereos and CD players and musical instruments or any other sound which has the effect described in § 108-1 above outside the confines of a dwelling or commercial structure, the use of motorized lawn and garden equipment, sound trucks or public address systems or street sales, unnecessary horn blowing or unnecessary idling or revving of motorcycles or truck tractors are prohibited between the hours of 9:00 p.m. and 8:00 a.m.
The following are exempted from the provisions of this chapter:
A. 
Amplified and nonamplified activities approved by the Borough Manager or his designee, which may include, but not be limited to, athletic events, concerts, block parties, church carnivals or other publicly or privately operated events.
B. 
Sounds caused by the performance of emergency work or by the ordinary and accepted use of emergency apparatus and equipment.
C. 
Sounds resulting from the repair/management or replacement of any municipal or utility installation in or about a public right-of-way.
D. 
Sounds made by warning devices operating continuously for three minutes or less, except in the event of an actual emergency, the time limit shall not apply.
E. 
Where unusual or extreme weather conditions, such as heat, cold, pollen advisories, rain, snow, or other conditions that would affect the health and safety of persons working therein, restrict the ability of persons to work between the hours of 8:00 a.m. and 9:00 p.m., upon application to and permission from the Borough Manager, such persons may engage in activities between 9:00 p.m. and 8:00 a.m. that may cause sound otherwise prohibited.
F. 
Sounds caused by the collection and transportation of refuse and recyclable materials in accordance with the ordinances of the Borough of Columbia.
G. 
The discharge of a firearm at a military funeral or other similar ceremony shall not constitute a violation of this chapter, provided that the party organizing such funerals or ceremonies has obtained a permit from the Chief of Police. For these ceremonies and funerals, the Chief of Police may issue a permit for the organizing party that covers all such funerals or ceremonies to be conducted by such party, whether then contemplated or not, and such permit shall remain in force until repealed by the Chief of Police.
[Added 10-11-2010 by Ord. No. 807]
H. 
The discharge of a firearm, air rifle or bow and arrow under circumstances which would constitute justification as that term is defined in the Pennsylvania Crimes Code.
[Added 10-11-2010 by Ord. No. 807]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, in a summary proceeding, be sentenced to pay a fine not exceeding $300 and costs of prosecution or to imprisonment for not less than 30 days, as amended by law.
The provisions of this chapter shall be enforced by the police officers.
The enactment of this chapter shall not, in any way, constitute a repeal of any provisions of Chapter 149 of the Code of the Borough of Columbia.
[Added 10-11-2010 by Ord. No. 807]
As used in this chapter, the following words shall have the meanings indicated:
AIR RIFLE
Any air gun, air pistol, spring gun, spring pistol, BB gun, or any implement that is not a firearm, which impels a pellet of any kind with a force that can reasonably be expected to cause bodily harm.
ARROW
A missile shot from a bow or crossbow, having a slender shaft with a fletching or vanes at the butt and a pointed head without any explosive, chemical or poison in the head or shaft and used solely with a bow or crossbow.
BOW
A weapon which propels an arrow, is handheld, hand-drawn, held in the drawn position by hand or by a handheld mechanical device and released by hand. The term shall include what is commonly known as a "crossbow."
DISCHARGE
The expulsion of a projectile from a firearm, air rifle or bow and arrow or the operation of a firearm, air rifle or bow and arrow in such a manner so as to lead one to reasonably conclude by sight or sound, that a projectile was expelled from a firearm, air rifle or bow and arrow. If the firearm, air rifle or bow and arrow used is capable of the expulsion of a projectile, its firing alone shall be sufficient to constitute a discharge and no further proof of the expulsion of a projectile shall be necessary.
FIREARM
Any device which is designed and intended to expel a projectile by action of gun powder, any other explosive, compressed air, compressed gas or mechanical device including, any device which, when discharged, would by sound or otherwise: lead another to reasonably conclude by sight or sound that the device expelled a projectile; or give the appearance of the expulsion of a projectile even though no expulsion of a projectile occurred. By way of example and not limitation, items that are to be considered firearms under this chapter include guns, pistols, rifles and shotguns. The definition of "firearm" shall not be deemed to include items that are traditionally considered to be children's toys when used in the manner for which they were designed. The definition of "firearm" shall not include starter pistols when used in the manner in which they were intended; i.e., to signify the start of a race or other similar event.