[HISTORY: Adopted by the Borough Council of the Borough of
Zelienople as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-10-1991 by Ord. No. 659 (Ch. 6, Part 2, of the
1995 Code)]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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.
Any business, the operation of which involves the sale, lease,
trade, gift or display for sale of any and all types of drug paraphernalia.
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.
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.
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.
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.
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.
A motion-picture film or publication, or both.
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.
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.
Exception. The term "model studio" does not include:
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.
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.
Any studio operated by a tax-exempt, nonprofit corporation devoted
to the development of art and its appreciation.
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.
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.
Any individual, partnership, firm, association, corporation
or other legal entity.
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.
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.
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.
A.Â
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.Â
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.Â
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.
A.Â
Any and every place in Zelienople Borough in which lewd publications
constitute a part of the stock-in-trade is a public nuisance.
B.Â
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.Â
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.
A.Â
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.Â
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.
No person knowing the obscene character of the materials or
performance involved shall:
A.Â
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.Â
Design, copy, draw, photograph, print, utter, publish or in any manner
manufacture or prepare any obscene materials.
C.Â
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.Â
Produce, present, or direct any obscene performance or participate
in a portion thereof that is obscene or that contributes to its obscenity.
E.Â
Hire, employ, use or permit any minor child to do or assist in doing
any act or thing mentioned in this section.
A.Â
Any and every place in Zelienople Borough in which drug paraphernalia
constitutes a part of the stock-in-trade is a public nuisance.
B.Â
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.Â
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.
A.Â
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.
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.Â
Declare the fact that such nuisance exists.
B.Â
Set forth the description or legal description and street address
of the place which constitutes the nuisance.
C.Â
Set forth the evidentiary facts considered by the Police Department
in arriving at its factual determination.
(1)Â
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)Â
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)Â
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)Â
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.Â
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.Â
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.Â
Inform and give notice to persons designated in § 160-7A that:
(1)Â
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)Â
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)Â
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)Â
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.Â
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.
A.Â
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.Â
The cost of abatement shall include the following:
C.Â
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.
[Amended 12-11-1995 by Ord. No. 715]
A.Â
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.Â
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.Â
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.Â
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.Â
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.
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.Â
An applicant is under 18 years of age.
B.Â
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.Â
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.Â
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.Â
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.Â
The permit and/or license fee required by this article has not been
paid.
G.Â
An application of the proposed establishment is in violation of or
is not in compliance with any of the provisions of this article.
H.Â
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.
[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.
[Amended 12-11-1995 by Ord. No. 715]
A.Â
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.Â
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.
A.Â
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]
B.Â
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.
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.Â
Violated or is not in compliance with any section of this article.
B.Â
Engaged in excessive use of alcoholic beverages while on the sexually
oriented business premises.
C.Â
Refused to allow an inspection of the sexually oriented business
premises as authorized by this article.
D.Â
Knowingly permitted gambling by any person on the sexually oriented
business premises.
A.Â
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.Â
The Zelienople Borough Zoning Officer shall revoke a permit and/or
license if he determines that:
(1)Â
A permittee and/or licensee gave false or misleading information
in the material submitted to the Zoning Department during the application
process.
(2)Â
A permittee and/or licensee or an employee has knowingly allowed
possession, use or sale of controlled substances on the premises.
(3)Â
A permittee and/or licensee or an employee has knowingly allowed
prostitution on the premises.
(4)Â
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)Â
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)Â
A permittee and/or licensee is delinquent in payment to the county
or state for any taxes for fees past due.
C.Â
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.
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.
[Amended 12-11-1995 by Ord. No. 715]
A.Â
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.Â
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.
[Amended 12-11-1995 by Ord. No. 715]
A.Â
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)Â
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)Â
The application shall be sworn to be true and correct by the applicant.
(3)Â
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)Â
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)Â
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)Â
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)Â
No viewing room may be occupied by more than one person at any time.
(8)Â
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)Â
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.
[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.
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)]
A.Â
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.Â
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.Â
The term "Borough" in this article shall mean the Borough of Zelienople.
No person shall damage, injure, break or destroy any streetlight
or streetlight fixture or any personal property owned or leased by
the Borough.
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.
A.Â
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.Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.
C.Â
Exceptions. None of the terms or prohibitions hereof shall apply
to or be enforced against:
(1)Â
Any vehicle or personnel of the Borough while engaged in necessary
public business.
(2)Â
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)Â
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)Â
School sports events which may or may not be accompanied by cheering
and/or music.
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]
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.
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.
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.
A.Â
DISORDERLY HOUSE
INMATE OF A DISORDERLY HOUSE
KEEPER OF A DISORDERLY HOUSE
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.
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.
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.
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.Â
Maintenance prohibited. No person shall permit, keep, maintain or
be an inmate of a disorderly house within the Borough.
C.Â
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.
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.
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.
