[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.]
[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:
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]
[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]
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]
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]
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.
