[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Providence 10-2-1964 by Ord. No. 96. Amendments
now where applicable.]
This chapter is enacted under the Authority
of the Act of 1933, May 1, P.L. 103, Art VIII, Section 702, Clause
XLVII, as amended (53 P.S. § 65747); Clause XX, as amended
(53 P.S. § 65720); and Clause XLI, as amended (53 P.S. § 65741).
This chapter shall be known and may be cited
as the "Conduct Ordinance of Upper Providence Township."
For the purposes of this chapter, 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.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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]
(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.
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 chapter, 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]
Any person who violates any provision of this
chapter shall be deemed guilty of a summary offense and, upon conviction
thereof, shall be fined not more than $25.
