[HISTORY: Adopted by the Board of Supervisors of the Township of
Franconia 1-3-1966 by Ord. No. 28. Amendments noted where applicable.]
This chapter shall be known and cited as the "Disorderly Practice Ordinance
of Franconia Township."
A.
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.
No person in the township shall do the following:
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.
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.
C.
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.
D.
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 visible or lawful business and
not giving a satisfactory account of himself.
E.
Unlawful disturbance of religious worship: disquiet or
disturb any congregation or assembly for religious worship by making a noise
or by rude or indecent behavior or profane language 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.
Unnecessary noise: It shall be unlawful for 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 time with 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.
H.
Yelling, shouting, etc.: It shall be unlawful for any
person to engage in 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 person in the vicinity.
I.
Reckless vehicle operation: It shall be unlawful for
the owner, operator or occupants of any vehicle to engage in reckless driving
or any other use of vehicles thereof as shall endanger the safety or interfere
with the comfort and convenience of persons using the thoroughfares of the
township or residing in the township.
J.
Barking dogs: Maintaining dogs which bark so as to disturb
the peace, quiet and comfort for persons of ordinary sensibility among the
neighboring inhabitants shall be deemed to be and shall constitute a nuisance,
and the same is hereby declared to be unlawful and prohibited.
[Added 5-9-1977 by Ord. No.
89]
[Amended 6-10-1996 by Ord.
No. 237]
Any person who violates or permits a violation of this chapter shall,
upon being liable therefor in a civil enforcement proceeding commenced by
the township, pay a fine not exceeding $600 plus all court costs, including
reasonable attorney's fees incurred by the township. No judgment shall be
imposed until the date of the determination of violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the township
may enforce the judgment pursuant to the applicable Pennsylvania Rules of
Civil Procedure.
