Borough of Narberth, PA Chapter 366 Nuisances

[HISTORY: Adopted by the Council of the Borough of Narberth as indicated in article histories. Amendments noted where applicable.]

Article I Disorderly Conduct; Nuisances

[Adopted 9-11-1978 by Ord. No. 679[1]]

[1] Editor's Note: This ordinance also repealed Ord. No. 302, adopted 9-10-1934.

§ 366-1 Unlawful acts.

"Disorderly conduct" and/or "nuisances," within the limits of the Borough of Narberth, are hereby defined as any act, work or conduct causing or tending to cause a disturbance of the peace and good order of the Borough or causing or tending to cause any danger, discomfort or annoyance to the inhabitants or users of its streets and highways and other public property and shall include loafing, fighting, drunkenness, obscenity, vagrancy, begging, the making of unnecessary noises, profanity or indecent language, reckless or careless driving or any other use of vehicles by owners or occupants thereof or any such use as shall endanger the safety or interfere with the comfort and convenience of persons using or residing on the streets or highways or other public property.

§ 366-2 Enumeration of unlawful acts.

A. The unnecessary sounding of automobile horns, sirens, bells, whistles or other warning devices. The operators of motor vehicles shall, at all times, exercise due care and foresight in their operation and shall not substitute the sounding of warnings for careful driving and the maintenance of proper control over their respective vehicles. It is not intended hereby to prohibit the use of such warning devices in emergencies or at times when in the exercise of good judgment, a prudent operator would use such devices.

B. The keeping, owning, possessing, harboring, or controlling of dogs, chickens, or other animals or fowl under such conditions or in such a manner that, by barking, crowing, or through other noises caused by the animal, such animals annoy or disturb the peace and quiet of reasonable persons of normal sensitivities, including immediate neighbors or persons within the surrounding neighborhood, whether such annoyance or disturbance is caused to private residences or to persons upon public property within the neighborhood, and regardless of whether the animal is physically situated within or upon private property.[1]

[Amended 4-21-2021 by Ord. No. 1031]

[1] Editor's Note: For general regulations pertaining to dogs, see Ch. 191, Animals, Art. I, Dogs. Former § 57-2C of the 1986 Code, regarding operation of amplification devices, which immediately followed this subsection, was repealed 3-14-2016 by Ord. No. 991. Former § 57-2D of the 1986 Code, regarding the loading, unloading and delivery of coal and other materials, was repealed 3-14-2016 by Ord. No. 991.

C. The discharging on or across the streets, highways or other public property of air guns, spring guns, rifles or firearms of any kind or character whatsoever.[2]

[2] Editor's Note: For additional regulations on firearms, see Ch. 172, Air Guns and Pistols.

D. Loafing, loitering, idling or lounging in or about any place or facility, but not including the presence of any person in such place in the course of using it for the purpose for which it exists.[3]

[3] Editor's Note: Former § 57-2G of the 1986 Code, regarding behaving publicly in a noisy, loud, boisterous and unseemly manner, which immediately followed this subsection, was repealed 3-14-2016 by Ord. No. 991.

E. Resisting or interfering with police officers, fire police or firemen in the performance of their duties.

F. Violation or refusal to obey rules and regulations established by ordinance, resolution or decree of the Mayor, Borough Council or other boards or commissions created by Borough Council with respect to the use of public buildings, playgrounds or other public areas.

§ 366-3 Conduct and activities prohibited during certain times.

[Added 3-14-2016 by Ord. No. 991]

A. The following actions are specifically prohibited within a residential zone, or within a radius of 500 feet therefrom, between the hours of 8:00 p.m. and 7:30 a.m. of the following day between and including Sunday evening through and including Friday morning, and between the hours of 8:00 p.m. and 9:00 a.m. of the following day between and including Friday evening through and including Sunday morning and all federal and commonwealth holidays, regardless of the sound level which is emitted, unless otherwise exempted in this article:

(1) Load or unload trucks or other motor vehicles or open, close or otherwise handle boxes, crates, containers, building materials, garbage cans or other objects in such a manner as to be plainly audible across a property line.

(2) Rebuild or test or otherwise work on any motorcycle, motor vehicle, motorboat or aircraft in such a manner as to be plainly audible across a property line.

(3) Operate or permit the operation of any equipment used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto.

(4) Except when necessary to provide access to and from a property, operate or permit the operation of any power equipment powered by gasoline, electric, battery-operated, or similar power sources, used for home or building repair or grounds maintenance, including, but not limited to, power saws, power generators, chain saws, sanders, lawn mowers, garden equipment or snow removal equipment.

(5) Operate or permit the operation of any power equipment powered by electric, battery-operated, or similar power sources, including, but not limited to, chain saws, pavement breakers, log chippers, power generators, powered hand tools.

(6) Operate or permit the operation of any model aircraft powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar noise-producing devices.

(7) Collect or permit the collection of garbage, waste or refuse.

(8) Operate or permit the operation of a recreational vehicle, including, but not limited to, all-terrain vehicles, trail bikes, dirt bikes, mini-bikes, go-carts, dune buggies, snowmobiles, quads and the like, regardless of whether the operator is upon the private property of the operator or on the private property of some third person who has granted permission to the operator to be operating the recreational vehicle on their property.

[Amended 4-21-2021 by Ord. No. 1032]

B. The following actions are specifically prohibited within a residential zone, or within a radius of 500 feet therefrom, between the hours of 8:00 p.m. and 7:30 a.m. of the following day between and including Sunday evening through and including Friday morning, and between the hours of 11:00 p.m. and 9:00 a.m. of the following day between and including Friday evening through and including Sunday morning and all federal and commonwealth holidays. However, the evening hours shall be extended for one hour upon the commencement of daylight saving time and shall remain extended until daylight saving time ends and standard time resumes. Such actions are prohibited during these times regardless of the sound level which is emitted, unless otherwise exempted in this article.

(1) Play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, music player, sound amplifier or similar device which produces, reproduces or amplifies sound in such a manner as to be plainly audible across a property line or from within another dwelling unit, nor shall these activities take place in a motor vehicle in such a manner as to be plainly audible at 100 feet.

(2) Yell, shout, whistle, sing or otherwise create noise in public areas in such a way that disturbs the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.

C. Exemptions. The following uses and activities shall be exempt from the noise regulations of this section:

(1) Noise of safety signals, warning devices, emergency pressure relief valves, or other sound needed to alert people about an emergency;

(2) Noise resulting from any authorized emergency vehicle when responding to an emergency call or from any source acting in time of emergency;

(3) Noise resulting from emergency work;

(4) Noise resulting from public festivals, celebrations, lawful fireworks, and noisemakers, when permitted by the Borough or used for celebration of an official holiday authorized by the Borough, commonwealth, or federal government;

(5) Noise resulting from any athletic, recreational, or other such outdoor activity from an official Borough, school district, or other organized league recognized by the Borough;

(6) A snow plow in operation;

(7) Blasting, only if performed in accordance with a permit issued by the Pennsylvania Department of Environmental Protection, the Borough or any other governmental agency having jurisdiction. Such blasting may occur only between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, unless specifically authorized at different tunes by the DEP permit;

(8) Any train or aircraft operating pursuant to commonwealth or federal regulations;

(9) Noise resulting from the operation of a recreational vehicle by a Borough, county, or commonwealth employee or agent acting in an official capacity.

§ 366-4 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Montgomery County.

§ 366-5 Civil enforcement.

[Added 3-14-2016 by Ord. No. 991]

A. Except as provided in § 366-6 hereof, when the penalty imposed for the violation of this article is not voluntarily paid to the Borough, the Borough shall initiate a civil enforcement proceeding before a Magisterial District Judge. The civil enforcement proceeding shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure.

B. In any case where a penalty for a violation of this article has not been timely paid and the person upon whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings.

§ 366-6 Enforcement as summary offenses.

[Added 3-14-2016 by Ord. No. 991]

For all provisions regulating nuisances, disorderly conduct and other specific prohibited conduct under this article, enforcement shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Civil Procedure. In accordance with state law, the Borough's Solicitor is authorized to assume charge of the prosecution without the consent of the District Attorney.

§ 366-7 Enforcement in equity.

[Added 3-14-2016 by Ord. No. 991]

Nothing herein shall limit the Borough's ability to enforce any violation of this article through an action in equity brought in the Montgomery County Court of Common Pleas.