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Borough of Franklin Park, PA
Allegheny County
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[HISTORY: Adopted by the Borough Council of the Borough of Franklin Park 6-11-1986 as Ch. 150 of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 84, Art. I.
Animals — See Ch. 89.
Firearms — See Ch. 116.
Motorcycles — See Ch. 131.
Noise — See Ch. 136.
Parks and recreation areas — See Ch. 146.
Peddling and soliciting — See Ch. 154.
Vehicles and traffic — See Ch. 202.
[Amended 3-15-2006 by Ord. No. 542-2006]
Disorderly actions and/or acts disturbing the peace and good order within the limits of the Borough of Franklin Park are hereby prohibited, and no person shall engage in such conduct or commit such acts within the limits of the Borough of Franklin Park.
As used in this chapter, the following terms shall have the meanings indicated:
DISORDERLY ACTIONS and/or ACTS DISTURBING THE PEACE AND GOOD ORDER
Any act, word or conduct causing or tending to cause a disturbance of the peace and good order of the Borough of Franklin Park or causing or tending to cause any danger, discomfort or annoyances to the citizens and inhabitants of the Borough or users of the Borough thoroughfares. Such act, words or conduct shall include, but not be limited to, fighting, drunkenness, vagrancy, begging, profanity or indecent language or acts; the making or causing to be made of any unnecessary noises or disturbances, clamor, din or other sounds disturbing or tending to disturb the peace and quiet of the community; the carrying on of any business, trade, transportation, recreation or amusement in a manner, at a time or in a place which causes any unnecessary noise or disturbance, discomfort, danger or annoyance; and the reckless or careless driving or any other use of vehicles or animals by owners, occupants, users or operators of the same as shall endanger the safety of or interfere with the comfort and convenience of inhabitants of the Borough of Franklin Park or persons using the thoroughfares of the Borough.[1]
[Amended 3-15-2006 by Ord. No. 542-2006]
[1]
Editor's Note: Former § 150-3, prohibiting unnecessary noise on Sunday, which immediately followed this section, was deleted 7-15-1998 by Ord. No. 456-98. See now Ch. 136, Noise.
[Amended 3-15-2006 by Ord. No. 542-2006]
Without in any manner intending to limit or restrict the generality of the above definition of and prohibition against acts disturbing the peace, the following are hereby declared to constitute disorderly actions and/or acts disturbing the peace and good order:
A. 
The unnecessary sounding of automobile horns, sirens, bells, whistles or other warning devices; the operation of any motor vehicle which makes any unnecessary or unusual noise caused by an improper or defective muffler or the backfire or racing of such motor vehicle. It is not intended hereby to prohibit the use of such warning devices in emergencies or at such times or in such manner as a prudent operator in the exercise of good judgment may deem necessary.
B. 
The keeping or handling of dogs or other animals under such conditions or in such manner or with such lack of control that by barking or other noise or activity they disturb the peace, safety and quiet of the immediate neighborhood or damage or disturb the property of other persons.[1]
[1]
Editor's Note: For related provisions, see Ch. 89, Animals.
C. 
The operation of radios, phonographs, television sets or other mechanical instruments or singing, shouting or the playing of musical instruments in a manner or at a time which is generally considered to be inappropriate and which unnecessarily disturbs the peace and quiet of the immediate neighborhood.
D. 
The loading, unloading and delivery of materials, merchandise or commercial products at a time of the day or night which unnecessarily disturbs the peace and quiet of the immediate neighborhood.
E. 
The discharging within the Borough where the same is prohibited of air rifles, spring guns, rifles, pistols, shotguns or any other firearms of any kind or character whatever or any other device which discharges a projectile of any kind.[2]
[2]
Editor's Note: For related provisions, see Ch. 116, Firearms.
F. 
Any acts, words or conduct tending to willfully obstruct, wholly or partially, any street, sidewalk or portion thereof, any private walk or entrance or public access to public facilities or to business establishments, either personally or by vehicle or any other manner.
G. 
Acting in or upon any street, alley or other public way or public place or at any public gathering or assembly or in or around any store, shop, business or commercial establishment or on any private property or place in a noisy, loud, boisterous, unseemly, lewd, lascivious or wanton manner in speech or behavior or in any other manner as to disturb or tend to disturb the peace and quiet of the community, the passersby or the inhabitants of the Borough.
H. 
Disturbing or tending to disturb or aiding in disturbing the peace of others by violent, tumultuous, offensive or obstreperous conduct or knowingly permitting such conduct upon any premises owned or possessed by any person or under his control.
I. 
Wandering abroad and occupying, lodging or sleeping in any vacant or unoccupied barn, garage, shed, shop, house or any other building or in any automobile, truck, railroad car or other vehicle without owning the same or without permission of the owner or person entitled to possession of the same or sleeping in any vacant lot during the hours of darkness and not giving a satisfactory account of oneself.
J. 
Frequenting places of public resort with intent to commit a felony; frequenting places of public resort with intent to commit a misdemeanor, which intent may be inferred from the refusal of any person or persons to leave the place of public resort after the management of the place of public resort or the police of the Borough of Franklin Park have requested the person or persons to leave the premises.
K. 
Engaging in any fraudulent scheme, device or trick to obtain money or any other valuable thing from others or aiding or assisting such trick, device or scheme.
L. 
Refusing or failing in a prompt, obedient manner to obey any lawful order of any police officer.
M. 
Focusing, pointing or shining a laser beam pointer device directly or indirectly upon another person or animal in such a manner as to unreasonably cause harassment, bodily injury or annoyance to said person or animal.
[Added 2-17-1999 by Ord. No. 471-99]
[Amended 6-11-1986 by Ord. No. 287-86; 3-15-2006 by Ord. No. 542-2006[1]]
Any person, firm or corporation who shall violate any provision of this chapter or fails to comply therewith or with any of the requirements thereof, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs, including reasonable attorneys' fees incurred by the Borough, and, in default of payment of said fine and costs, to a term of imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this chapter is found to exist or for each section of this chapter found to have been violated. The Borough may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin or abate violations of this chapter. All fines and penalties collected for violation of this chapter shall be paid to the Borough Treasurer. The initial determination of ordinance violation is hereby delegated to the Borough Manager, the Police Department, the Borough Staff, the Borough Building Inspector/Zoning Officer, the authorized designee of the Borough Manager and to any other officer or agent that the Borough Manager or the Borough Council shall deem appropriate.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).