Borough of Zelienople, PA
Butler County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Zelienople as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animal nuisances — See Ch. 88.
Peace and good order — See Ch. 174.
Solid waste — See Ch. 225.
Zoning — See Ch. 280.
[Adopted 6-10-1991 by Ord. No. 659 (Ch. 6, Part 2, of the 1995 Code)]

§ 160-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ADULT MOTEL
A motel or similar establishment offering public accommodations for any consideration which provides patrons with material distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor, as defined in Schedules 1 through 5 of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-104, or any amendments thereto.
DRUG PARAPHERNALIA
Any objects, devices, instruments, apparatus or contrivances whose primary and traditionally exclusive use is involved with the illegal use of any and all controlled substances under the laws of Pennsylvania.
HEAD SHOP
Any business, the operation of which involves the sale, lease, trade, gift or display for sale of any and all types of drug paraphernalia.
IMMEDIATE PRECURSOR
A substance which under the regulations of the Pennsylvania Department of Health is a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled substance.
KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCES
Having knowledge of the contents and character of the patently offensive sexual conduct or demonstration which appears in the film or publication or having knowledge of the acts of lewdness, assignation or prostitution which occur on the premises.
LEWD MATTER
Any matter which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest and which depicts or describes patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, or masturbation, excretory functions or exhibition of the genitals or genital area. Nothing herein contained is intended to include or prescribe any matter, which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political, educational or scientific value.
MASSAGE
Any method of treating the superficial soft parts of the human body for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading or any similar treatment accomplished by hand or by the use of any instrument.
MASSAGE PARLOR
Any building or structure or portion thereof located within Zelienople Borough which is open to members of the general public, with or without the payment of a fee, at which massage services are offered.
MATTER
A motion-picture film or publication, or both.
A. 
Any premises on which there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted for persons who pay a fee or other consideration, compensation or gratuity for the right or opportunity so to depict the figure model or for admission to or permission to remain upon or as a condition for remaining upon the premises.
B. 
Any premises where there is conducted the business of furnishing or providing or procuring, for a fee or other consideration, compensation or gratuity, figure models who pose in the nude to be observed or viewed by any person or to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted.
C. 
Exception. The term "model studio" does not include:
(1) 
Any studio which is operated by any state university or college or junior college, public school or any governmental agency wherein the person, firm, association, partnership or corporation operating it has met the requirements established by the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma.
(2) 
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection A of this definition.
(3) 
Any studio operated by a tax-exempt, nonprofit corporation devoted to the development of art and its appreciation.
MOTION-PICTURE FILM
Includes any film or plate negative; film or plate positive; film designated to be projected on a screen or other surface for exhibition; films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen or other surface, and videotape or any other medium used to electronically reproduce images on a screen or other surface.
NUDE
Completely without clothing, or showing the human male or female genitals, pubic area or buttocks with less than fully opaque covering, or showing the female breast with less than fully opaque covering of any portion thereof below the top of the nipple, or showing the covered male genitals in discernibly turgid state.
PERSON
Any individual, partnership, firm, association, corporation or other legal entity.
PLACE
Includes any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording or motion-picture film which is displayed or contained in an area open to the public or is offered for sale or exhibition in a coin-operated machine.
SALE
A passing of title or right of possession from a seller to a buyer for valuable consideration and includes but it is not limited to any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of or transfer of possession of lewd matter.
TRADITIONALLY EXCLUSIVE USE
A use which is primary and inherent as opposed to secondary and incidental and is associated with certain knowledge or beliefs derived from statements of contemporary persons and handed down through a considerable period of time.

§ 160-2 Lewd films and theaters declared a nuisance.

A. 
Any and every place in Zelienople Borough where lewd films are publicly exhibited or possessed for the purpose of such exhibition, and any and every place in Zelienople Borough where a lewd film is repeatedly publicly exhibited or possessed for the purpose of such exhibitions or where lewd films are publicly disseminated, sold, rented or possessed for such dissemination, is a public nuisance.
B. 
Any and every lewd film which is publicly exhibited or possessed for such purpose at a place which is a public nuisance or possessed for such purpose at a place which is a public nuisance under Subsection A above is a public nuisance per se.
C. 
From and after service on the place, or its manager or acting manager or person then in charge of such place, of a true and correct copy of this article and order of summary abatement provided for in § 160-8 hereof, all moneys paid thereafter as an admission price to such exhibitions are also declared to be a public nuisance as personal property used in conducting and maintaining a declared public nuisance.

§ 160-3 Lewd publications declared a nuisance.

A. 
Any and every place in Zelienople Borough in which lewd publications constitute a part of the stock-in-trade is a public nuisance.
B. 
Any and every lewd publication possessed at a place which is a public nuisance under Subsection A above is a public nuisance per se.
C. 
From and after service on the place, or its manager or acting manager or person then in charge of such place, of a true and correct copy of this article and an order of summary abatement provided for in § 160-8 hereof, all valuable consideration received for the sale or renting of such lewd publications is also declared to be a public nuisance as personal property used in conducting and maintaining a declared public nuisance.

§ 160-4 Massage parlors and model studios declared a nuisance.

A. 
Every massage parlor or model studio which, as a regular course of business, is used for the purpose of lewdness, assignation or prostitution, and every such massage parlor or model studio in or upon which acts of lewdness, assignation or prostitution are held or occur is a public nuisance which shall be enjoined, abated and prevented.
B. 
From and after service on the place, or its manager or acting manager or person then in charge of such place, of a true and correct copy of this article and an order of summary abatement provided for in § 160-8 hereof, all moneys or other valuable consideration paid for services rendered are also declared to be a public nuisance and as personal property used in conducting and maintaining a declared nuisance.

§ 160-5 Offense defined.

No person knowing the obscene character of the materials or performance involved shall:
A. 
Sell, lend, distribute, exhibit, give away, rent or show any obscene materials to any person 17 years of age or older or offer to sell, lend, distribute, exhibit or give away or show or have in his possession with intent to sell, lend, distribute, exhibit, give away, rent or show any obscene materials to any person 17 years of age or older, or knowingly advertise any obscene materials in any manner.
B. 
Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials.
C. 
Write, print, publish, utter or cause to be written, printed, published or uttered any advertisement or notice of any kind giving information, directly or indirectly, stating or purporting to state where, how, from whom or by what means any obscene materials can be purchased, obtained or had.
D. 
Produce, present, or direct any obscene performance or participate in a portion thereof that is obscene or that contributes to its obscenity.
E. 
Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this section.

§ 160-6 Head shops declared a nuisance.

A. 
Any and every place in Zelienople Borough in which drug paraphernalia constitutes a part of the stock-in-trade is a public nuisance.
B. 
Any and every item or drug paraphernalia possessed at a place which is a public nuisance under Subsection A is a public nuisance per se.
C. 
From and after service on the place, or its manager or acting manager or person then in charge of such place, of a true and corrected copy of this article and an order of summary abatement provided for in § 160-7 hereof, all valuable consideration received for the sale of such drug paraphernalia is also declared to be a public nuisance and as personal property used in conducting and maintaining a declared public nuisance.

§ 160-7 Liability; abatement.

A. 
Upon and after receiving notice through service of a true and correct copy of this article and an order of abatement provided for in § 160-8 hereof, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct, or operate a place in which is declared to be a public nuisance for the purpose of this article is thereafter responsible for its maintenance and shall be liable therefor.
B. 
The places and subject matter declared to be public nuisance under §§ 160-2, 160-3, 160-4 and 160-6 shall be abated as provided for herein.

§ 160-8 Action of Police Department.

Upon specific finding that a public nuisance, as defined in §§ 160-2, 160-3, 160-4 and 160-6 of this article, exists in Zelienople Borough, the Police Department in applying the provisions of this article to such nuisance shall:
A. 
Declare the fact that such nuisance exists.
B. 
Set forth the description or legal description and street address of the place which constitutes the nuisance.
C. 
Set forth the evidentiary facts considered by the Police Department in arriving at its factual determination.
(1) 
In the case of a motion-picture film or films, such facts shall include a recitation of the particular sexual conduct and acts which the Police Department finds are patently offensive; the basis for the finding by the Police Department that such film or films are displayed, sold or held for sale at any place found by the Police Department to be a public nuisance; and the basis of the finding by the Police Department that such film or films constitute a part of the stock-in-trade of such place of business or other place.
(2) 
In the case of a publication or publications, such facts shall include a recitation of the particular publications or types of publications considered by the Police Department and those which the Police Department finds to be patently offensive; the basis for the finding by the Police Department that such publications are displayed, sold or held for sale at any place found by the Police Department to be a public nuisance; and the basis of the finding by the Police Department that such publications constitute a part of the stock-in-trade of such place of business or other place.
(3) 
In the case of a massage parlor or model studio, such facts shall include a recitation of the particular acts of lewdness, assignation or prostitution which have occurred and the basis for the finding by the Police Department that such acts occurred in the course of business.
(4) 
In the case of drug paraphernalia, such facts shall include a recitation of the particular drug paraphernalia or types of drug paraphernalia considered by the Police Department and those which the Police Department finds to be patently offensive; the basis for the finding by the Police Department that such drug paraphernalia is displayed, sold or held for sale at any place found by the Police Department to be a public nuisance; and the basis of the finding by the Police Department that such paraphernalia constitute a part or the stock-in-trade of such place of business or other place.
D. 
Order all persons described in § 160-7A hereof to summarily abate such public nuisance within 24 hours of service of such order on any such subject matter or to cease to use the place where the public nuisance is declared to exist or to terminate the use of said premises for the purpose of lewdness, assignation or prostitution or to cause the same to be terminated.
E. 
Order the Solicitor to proceed to do all things necessary to abate such public nuisance through judicial proceedings and to conclude such proceedings as expeditiously as it is permissible under the law, including requesting the court to advance such proceedings on the calendar of the court.
F. 
Inform and give notice to persons designated in § 160-7A that:
(1) 
The Police Department has determined that a public nuisance presently exists at such place and address and that, under § 160-7A of this article, they are deemed to have knowledge thereof and are responsible therefor.
(2) 
In the event that the order of Zelienople Borough has not been complied with within 24 hours; the Police Department has ordered the Solicitor, as provided for under § 160-21 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under § 160-8 of this article, and under § 160-7A and B of this article, the costs of abatement of such civil abatement action filed, including investigative costs, court costs, attorney's fees and other expenses, are made a special assessment against the parcel of land upon which a nuisance is being maintained and, upon their determination in such court action, will be a separate legal procedure and will be made a lien against such property and personal obligation against any person, persons, firm, association, partnership, corporation or other entity deemed to be in violation of this article.
(3) 
All lewd motion-picture film or lewd publications or drug paraphernalia being used in conducting and maintaining such public nuisance are contraband and the subject of forfeiture.
(4) 
From and after service on the place, or its manager or acting manager or person then in charge of such place, of a true and correct copy of this article, any and all moneys paid as an admission price to or for the exhibition of such lewd motion-picture films and valuable consideration received for the sale of such lewd publications and drug paraphernalia, and all moneys or other valuable consideration received for services in such massage parlors or model studios, are a public nuisance and considered as personal property used in conducting and maintaining such nuisance and, as such, are the subject of forfeiture.
G. 
Order that a true and correct copy of this article be delivered forthwith in any manner normally used to effectuate personal service of process to all persons of record having any legal or equitable interest in the real property and to the regular or acting manager or persons in charge of the place therein declared a public nuisance.

§ 160-9 Forfeiture of revenues from public nuisances; cost of abatement; recovery of costs.

A. 
Upon judgment for Zelienople Borough in legal proceedings brought pursuant to this article, an accounting shall be made by such defendant or defendants of all moneys or valuable consideration received by them which have been declared to be a public nuisance under §§ 160-2, 160-3, 160-4 and 160-6. Such moneys or their equivalent and any valuable consideration received shall be forfeited to the general fund of Zelienople Borough as property of Zelienople Borough if any valuable consideration received is not money.
B. 
The cost of abatement shall include the following:
(1) 
Investigative costs.
(2) 
Court costs.
(3) 
Reasonable attorney's fees arising out of the preparation for and trial of the cause and appeals therefrom and other costs allowed on appeal.
(4) 
Printing costs of trial and appellant briefs and of all other papers filed in such proceedings.
C. 
Such cost of abatement is hereby made a special assessment against the parcel of land upon which such nuisance is maintained. Upon its determination in a civil action, such shall, by separate legal proceeding, be made a lien against such property and a personal obligation against any person, persons, firm, association, partnership, corporation or other entity and shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

§ 160-10 Permit and/or license required.

[Amended 12-11-1995 by Ord. No. 715]
A. 
A person commits an offense if he operates a sexually oriented business without a valid permit and/or license issued by the Borough for the particular type of business.
B. 
An application for a permit and/or license must be made on a form provided by the Zelienople Borough Zoning Officer. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
C. 
The applicant must be qualified according to the provisions of this article and the premises must be inspected and found to be in compliance with the law by the Health Department, Fire Department and Building Official.
D. 
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit and/or license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has ten-percent or greater interest in the business must sign the application for a permit and/or license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a ten-percent or greater interest in the corporation must sign the application for a permit and/or license as applicant.
E. 
The fact that a person possesses other types of state or county permits and/or licenses does not exempt him from the requirement of obtaining a sexually oriented business permit.

§ 160-11 Issuance of permit and/or license.

The Zelienople Borough Zoning Officer shall approve the issuance of a permit and/or license to an applicant within 30 days after receipt of an application unless he finds one or more of the following to be true:
A. 
An applicant is under 18 years of age.
B. 
An applicant or an applicant's spouse is overdue in his payment to the Borough of taxes, fees, fines or penalties assessed against him or imposed upon him in relation to a sexually oriented business.
C. 
An applicant has failed to provide information reasonably necessary for issuance of the permit and/or license or has falsely answered a question or request for information on the application form.
D. 
An applicant is residing with a person who has been denied a permit and/or license by the Borough to operate a sexually oriented business within the preceding 12 months or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
E. 
The premises to be used for the sexually oriented business have not been approved by the Health Department, Fire Department and the Building Official as being in compliance with applicable laws and ordinances.
F. 
The permit and/or license fee required by this article has not been paid.
G. 
An application of the proposed establishment is in violation of or is not in compliance with any of the provisions of this article.
H. 
The permit and/or license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The permit and/or license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

§ 160-12 Fees.

[Amended 12-11-1995 by Ord. No. 715]
The annual fee for a sexually oriented business permit and/or license shall be established from time to time by resolution of Borough Council.

§ 160-13 Inspection.

[Amended 12-11-1995 by Ord. No. 715]
A. 
An applicant or permittee and/or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Zoning Department or other Borough departments or agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
B. 
A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

§ 160-14 Expiration of permit and/or license.

A. 
Each permit and/or license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 160-10. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the permit and/or license will not be effected.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
When the Zelienople Borough Zoning Officer denies renewal of a license, the applicant shall not be issued a permit and/or license for one year from the date of denial. If subsequent to denial the Zelienople Borough Zoning Officer finds that the basis for denial of the renewal permit and/or license has been corrected or abated, the applicant may be granted a permit and/or license if at least 90 days have elapsed since the date denial became final.

§ 160-15 Suspension.

The Zelienople Borough Zoning Officer shall suspend a permit and/or license for a period not to exceed 30 days if he determines that a permittee and/or licensee or an employee of a permittee and/or licensee has:
A. 
Violated or is not in compliance with any section of this article.
B. 
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises.
C. 
Refused to allow an inspection of the sexually oriented business premises as authorized by this article.
D. 
Knowingly permitted gambling by any person on the sexually oriented business premises.

§ 160-16 Revocation.

A. 
The Zelienople Borough Council Officer shall revoke a permit and/or license if a cause of suspension in § 160-15 occurs and the permit and/or license has been suspended within the preceding 12 months.
B. 
The Zelienople Borough Zoning Officer shall revoke a permit and/or license if he determines that:
(1) 
A permittee and/or licensee gave false or misleading information in the material submitted to the Zoning Department during the application process.
(2) 
A permittee and/or licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises.
(3) 
A permittee and/or licensee or an employee has knowingly allowed prostitution on the premises.
(4) 
A permittee and/or licensee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's and/or licensee's permit and/or license was suspended.
(5) 
A permittee and/or licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the permitted and/or licensed premises.
(6) 
A permittee and/or licensee is delinquent in payment to the county or state for any taxes for fees past due.
C. 
When the Zelienople Borough Zoning Officer revokes a permit and/or license, the revocation shall continue for one year and the permittee and/or licensee shall not be issued a sexually oriented permit and/or license for one year from the date revocation become effective. If, subsequent to revocation, the Zelienople Borough Zoning Officer finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit and/or license if at least 90 days have elapsed since the date the revocation become effective.

§ 160-17 Transfer of permit and/or license.

A permittee and/or licensee shall not transfer his permit and/or license to another, nor shall a permittee and/or licensee operate a sexually oriented business under the authority of a permit and/or license at any place other than the address designated in the application.

§ 160-18 Additional regulations for adult motels.

[Amended 12-11-1995 by Ord. No. 715]
A. 
Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an "adult motel" as that term is defined in this article.
B. 
A person commits an offense if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented permit and/or license, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again.
C. 
For purposes of Subsection B of this section, the term "rent" or "subrent" means the act of permitting a room to be occupied for any form of consideration.

§ 160-19 Regulations pertaining to exhibition of sexually explicit films or videos.

[Amended 12-11-1995 by Ord. No. 715]
A. 
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space a film, videocassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) 
Upon application for a sexually oriented permit and/or license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the North or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Zelienople Borough Zoning Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) 
The application shall be sworn to be true and correct by the applicant.
(3) 
No alteration in the configuration or location of a manager's station may be made without the prior approval of the Mayor or his designee.
(4) 
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(5) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms may not contain video-reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(6) 
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in Subsection A(5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.
(7) 
No viewing room may be occupied by more than one person at any time.
(8) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.
(9) 
It shall be the duty of the owners and operator and it shall also be duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
B. 
A person having a duty under Subsection A(1) through (9) above commits an offense if he knowingly fails to fulfill that duty.

§ 160-20 Violations and penalties.

[Amended 12-11-1995 by Ord. No. 715]
A person who operates or causes to be operated a sexually oriented business without a valid permit and/or license or in violation of § 160-3 of this article is subject to a suit for injunction as well as prosecution for criminal violations. Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.

§ 160-21 Action by Municipal Attorney.

Upon a specific finding by the Police Department of the fact that a public nuisance exists at a particular location, the Solicitor, with the approval of the Borough Council, is authorized to take whatever action is appropriate.
[Adopted 10-8-2001 by Ord. No. 742 (Ch. 10, Part 3, of the 1995 Code)]

§ 160-22 General provisions.

A. 
The following are hereby declared to be against the public health, welfare and good order. It shall be illegal for any person, persons, company or corporation to act, permit or allow any of the actions in this article, said actions being declared as public nuisances.
B. 
The term "person" in this article shall include the plural as well as the singular, and shall also apply to any entity, company or corporation wherever appropriate.
C. 
The term "Borough" in this article shall mean the Borough of Zelienople.

§ 160-23 Destruction of public property.

No person shall damage, injure, break or destroy any streetlight or streetlight fixture or any personal property owned or leased by the Borough.

§ 160-24 Unguarded excavations.

No owner of any parcel of ground located within the Borough shall permit any excavation or hole with a minimum diameter of two feet and a depth of two feet to remain opened without placing suitable barriers around such hole or excavation and suitable warnings to the public around such hole or excavation.

§ 160-25 Noise.

A. 
Unnecessary or excessive noise to be disorderly conduct. The creation, within the Borough, of any unnecessary or excessive noise or any noise of such character, intensity or duration as to be detrimental to the health or life of any individual or in the disturbance of the public peace and welfare or the aiding and abetting in the creation of any such noise or permitting any such noise to continue is hereby prohibited and shall constitute disorderly conduct.
B. 
Enumeration of unnecessary or excessive noises. "Prohibited noise," within the meaning of this article, is hereby defined to include, but not be limited to, the following:
(1) 
For any person at any time to use a horn or other warning device other 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.
(2) 
The playing of any television, radio, phonograph or any musical instrument or other sound-producing device in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital, dwelling, hotel, residence or of any persons in the vicinity thereof.
(3) 
Yelling, shouting, hooting, whistling or singing so as to annoy or disturb the quiet, comfort or repose of any persons in any office, hospital, dwelling, hotel, residence or of any persons in the vicinity thereof.
(4) 
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.
(5) 
The blowing of any whistle, except as given notice of the time to begin or stop work or as a warning of fire or danger, of such character or intensity as to disturb the comfort or repose of any person.
(6) 
The erection (including excavation), demolition, alteration or repair of any building in any residential district or section and 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 weekdays, except in the case of urgent necessity in the interests of public health and safety and then only with a permit from the Borough, 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 it shall further determine that loss or inconvenience would result to any party in interest, it 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.
(7) 
The creation of any excessive noise adjacent to any school, institution of learning, church or court, while the same are in session, which unreasonably interferes with the working thereof and the making of any other noise so as to annoy the users and/or occupants of such places or buildings.
(8) 
Refuse-compacting vehicles. Operating of or permitting to be operated the compacting cycle of the motor vehicle which can compact refuse except during the hours as are set forth in the Borough's Solid Waste Ordinance (Chapter 225, Article I).
C. 
Exceptions. None of the terms or prohibitions hereof shall apply to or be enforced against:
(1) 
Any vehicle or personnel of the Borough while engaged in necessary public business.
(2) 
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.
(3) 
Parades with band music on holiday or at public events or by civic organizations or by the public schools or divisions of the public schools.
(4) 
School sports events which may or may not be accompanied by cheering and/or music.

§ 160-26 Graffiti.

No person shall paint and/or otherwise print any word, symbol, sign, trademark, initial or inscription whatsoever on or upon any property, public or private, located within the Borough without first having obtained the permission of the owner of such property.[1]
[1]
Editor's Note: Former § 306, False alarms, which immediately followed this section, was repealed 12-14-2009 by Ord. No. 798-09; see now Ch. 80, Alarms.

§ 160-27 Littering/refuse accumulation.

No person shall toss, throw, drop, deposit, accumulate or leave any trash, refuse, garbage, debris or other waste material of any kind upon any property, public or private, within the Borough.

§ 160-28 Deposits into streets, public areas.

No person shall run, cast or deposit, either by means of a drain or otherwise, upon any public area, street or alley in the Borough, any kitchen stops, wash water, soap suds or any other nauseous or offensive liquid or substance.

§ 160-29 Animals. [1]

No person who maintains any animal or animals on any property owned or occupied by him shall permit any fecal matter to accumulate, but shall remove any such offensive substance and shall dispose of it in a manner not offensive to the public health.
[1]
Editor's Note: See Ch. 88, Animals, Art. I, Pet Waste.

§ 160-30 Disorderly houses.

A. 
Definitions. As used in this section, unless the context indicates clearly a different meaning, the following words and phrases shall have the meanings as set forth below.
DISORDERLY HOUSE
Any place within the Borough where persons gather or abide and where the owner, lessee or person in charge permits, encourages or tends to encourage drunkenness, illegal consumption, boisterous conduct, unseemly noise, fighting or other conduct which disturbs the public peace or decorum or promotes disorder and lessens the dignity of the community. Said definition shall apply whether the place is public or private, a building or any lot or land in the Borough. All such places within the Borough are hereby declared public nuisances.
INMATE OF A DISORDERLY HOUSE
Any person, not the keeper of a disorderly house, who lives and abides in such disorderly house or is employed at or attends a gathering in such a house, lot or other place knowing that such house is a disorderly house, as defined herein.
KEEPER OF A DISORDERLY HOUSE
Any person who is the owner, lessee or person in charge of any such house at the time when any of the acts defined in "disorderly house" above are permitted or encouraged.
B. 
Maintenance prohibited. No person shall permit, keep, maintain or be an inmate of a disorderly house within the Borough.
C. 
Enforcement; arrest of violator. It shall be the duty of the police officers having jurisdiction within the Borough to suppress and to close and keep closed any disorderly house and to arrest by issuance of citations or otherwise all persons found therein, including inmates of a disorderly house and keepers of a disorderly house. In order for a keeper of a disorderly house to be liable under this section when such keeper is not present at the time when any of the acts defined above are permitted or encouraged, he or she must receive at least one prior notification in writing of a violation of this section at the disorderly house property.

§ 160-31 Notice of violation.

Unless otherwise provided for herein, any person found to be in violation of the provisions of this article shall be provided notice of said violation. The notice may include a time period to correct the violation without penalty pursuant to the discretion of the citing officer who is authorized to issue citations for ordinance violations within the Borough, including, but not limited to, the Borough police officers, Building Inspector, Zoning and Code Enforcement Officer.

§ 160-32 Violations and penalties.

Any person violating or assisting in the violation of any of the provisions of this article shall, upon conviction thereof, pay a fine of not less than $50 or more than $1,000 and, in default of the payment of such fine and costs of prosecution, may be imprisoned in the County Jail for a period of not more than 10 days. Every day that a violation of this article continues may constitute a separate offense.