[HISTORY: Adopted by the Council of the City
of Sunbury 7-12-1971 by Ord. No. 858. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Offenses Ordinance of the City of Sunbury."
A.Â
Word usage. When not inconsistent with the context,
words used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
B.Â
CITY
ILLEGAL SUBSTANCE DISTRIBUTION LISTING
MULTICONVICTED ILLEGAL SUBSTANCE DISTRIBUTOR
PERSON
ROLLERBLADE
ROLLER SKATES
SKATEBOARD
As used in this chapter, the following terms shall
have the meanings indicated:
The City of Sunbury.
An ongoing list of multiconvicted illegal substance distributors
that reside in the City of Sunbury. This list shall be compiled by
the City of Sunbury Police Department based on public information
and shall be made public at all times.
[Added 1-23-2012]
Any person that has been convicted of selling or distributing
illegal drugs more than one time.
[Added 1-23-2012]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
In-line skates with one row of wheels.
[Added 2-9-1998]
Skates with two or more rows of wheels.
[Added 2-9-1998]
A short and narrow board or fiberglass item with ball-bearing
wheels mounted on the bottom of it.
[Added 2-9-1998]
D.Â
Vagrancy. No person in the City shall have the status
or condition of a "vagrant." The following persons shall be deemed
vagrants:
(1)Â
No lawful means of support. Any person having no lawful
means of support realized solely from lawful occupations or sources;
or any person who lives idly and without visible means of support.
(2)Â
Any person found idling, lingering, standing, strolling
in, near or upon any public area or privately owned property or commercial
establishment which is posted in a manner prohibiting such loitering
shall be guilty of loitering, a summary offense.
[Amended 11-27-2000]
(3)Â
Burglars; tools. Any person upon whose person or in
whose possession shall be found any instrument, tool or other implement
for picking locks or pockets, or any implement that is usually employed
or that reasonably may be inferred to have been designed to be employed
in the commission of any felony, misdemeanor or the violation of any
ordinance, and who shall fail to account satisfactorily for the possession
of the same.
(4)Â
Unlawful occupancy. Any person occupying, lodging
or sleeping in any vacant or unoccupied barn, garage, shed, shop or
other building or structure, in any vacant lot or in any automobile,
truck, railroad car or other vehicle, without owning the same or without
permission of the owner or person entitled to the possession of the
same.
(5)Â
Begging. Any person wandering abroad and begging;
or any person who goes about from door to door of private homes or
commercial and business establishments, or places himself in or upon
any public way or public place to beg or receive alms for himself.[4]
[4]
Editor's Note: Former Subsection D(6), Abroad at unusual hours; (7), Illegal association; (8), Illegal employment; (9), Fraudulent schemes; (10), Concealing stolen property; and (11), regarding vagrants, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.Â
Unlawful to disturb religious worship. No person in
the City shall disquiet or disturb any congregation or assembly for
religious worship by making a noise or by rude or indecent behavior
or profane discourse, within their place of worship or so near the
same as to disturb the order or solemnity of the meeting.
F.Â
It is hereby declared to be a nuisance and illegal for any person to drink in a public place in the City of Sunbury, and such conduct is hereby prohibited. For purposes of this subsection, "drinking" means consuming or holding an open or partly consumed container of alcoholic beverage of any nature or having in one's possession an open or partly consumed container of alcoholic beverage of any nature. For purposes of this subsection, "public place" means any place to which the public has access and includes all streets, highways, roads, alleys, sidewalks and parks and parking lots as well as vacant private property not owned by or under the control of the person charged with violating this Subsection F, and all other public areas. It also includes the front or the neighborhood of any store, shop, restaurant, theater, tavern or other places of business. This subsection shall not apply to drinking of alcoholic beverages by an owner of private property and/or his guests upon such private property, nor to drinking of alcoholic beverages by guests or patrons on the premises of an establishment holding a valid liquor license issued by the Pennsylvania Liquor Control Board.
[Added 3-14-1983 by Ord. No. 1048]
(1)Â
Notwithstanding the foregoing Subsection F, the City Council shall have the authority by resolution to permit open containers of alcohol on public property. This special exception shall be limited to social events conducted by a nonprofit organization which has full authority to conduct the event as authorized by the Pennsylvania Liquor Control Board. In addition, there shall be a showing of acceptable insurance and other documents as required by the City for protection of the interests of the City.
[Added 8-14-2006]
[Amended 8-10-2020]
A.Â
Weapons.
(1)Â
Concealed weapons. No person in the City shall carry concealed about
his or her person any dangerous or deadly weapon, including, but not
by way of limitation, any pistol or revolver (absent a concealed carry
permit issued by the Commonwealth of Pennsylvania or another U.S.
state having reciprocity with the Commonwealth of Pennsylvania), rifle,
shotgun, cross-knuckles of lead, brass or other metal, saps, or any
knife with a switchblade or device whereby the blade or blades can
be opened by a flick of a button, pressure on the handle or other
mechanical contrivance.
(2)Â
Sale of switchblade knives prohibited. No person in the City shall
sell, offer for sale or display any knife or knives having the appearance
of a pocket knife, the blade or blades of which can be opened by a
flick of a button, pressure on the handle or other mechanical devices.
Such knife is hereby declared to be a dangerous or deadly weapon within
the meaning of this chapter and shall be subject to forfeiture to
the City as herein provided.
(3)Â
Possession of dangerous or deadly weapons. Nothing herein contained
shall be construed to prevent the carrying of any type of gun for
any other lawful purpose; and provided that the foregoing prohibition
shall not be construed to forbid sheriffs and their deputies, constables,
municipal or state police officers, United States Marshals or any
other law enforcement officers from carrying or wearing such weapons
as shall be necessary in the proper discharge of their duties.
(4)Â
Sales to intoxicated persons and minors. No person in the City shall
sell, loan or furnish any weapon in which any explosive substance
can be used to any person under the influence of alcohol or any narcotic
drug, stimulant or depressant, to any person in a condition of agitation
and excitability or to a minor under the age of 18 years (except when
and where specifically allowed by law).
(5)Â
Forfeiture of weapons. Every person convicted of a violation of this
subsection shall forfeit to the City such dangerous or deadly weapon.
(6)Â
Disposition of confiscated weapons. Every Sunbury police officer,
upon making any arrest and taking a weapon used in violation of this
chapter, shall deliver the same to the Chief of Police, or his agent
or designee, to be held by same until the final determination of the
prosecution for said offense, and upon the finding of guilt, the Chief
of Police, or his agent or designee, shall make disposition of the
weapon through public sale, destroying the same, or any other lawful
purpose. Further, all confiscated weapons in the possession of the
Chief of Police for a period exceeding two years after finalization
of any criminal prosecution or civil requirement (i.e., protection
from abuse orders) may be disposed of in the aforementioned fashions.
B.Â
Report of treatment of wounds. Every physician or surgeon duly admitted
to the practice of medicine in the State of Pennsylvania, whenever
he or she shall treat any person in the City for a wound inflicted
by a dangerous or deadly weapon of any kind, shall notify the City
police force within one hour of the time when he renders such professional
service or is called upon to render the same.
C.Â
Throwing of missiles. No person in the City shall throw any stone,
snowball or other missile upon or at any vehicle or building absent
express permission to do so.
D.Â
Bonfires. No person in the City shall make or assist in making any
bonfire in or upon any private or public street or place within the
City without the permission of the Chief of Police. For the purposes
of this chapter, a "bonfire" shall be defined as a fire in excess
of five square feet in diameter.
E.Â
False alarm of fire or need for police or ambulance assistance. No
person in the City shall make intentionally, turn in or give a false
alarm of fire or of need for police or ambulance assistance, or aid
or abet in the commission of such act.
A.Â
Against public and private property.
(1)Â
Injury or removal. No person in the City shall willfully,
maliciously or wantonly injure, deface, destroy or remove real property
or improvements thereto, or movable or personal property, belonging
to the City or to any person in the City.
B.Â
Against public property.
(1)Â
Tampering. No person in the City shall tamper with,
injure, deface, destroy or remove any sign, notice, marker, fire alarm
box, fireplug, topographical survey monument or other personal property
erected or placed by the City.
(2)Â
Obstructing passageways. No person in the City shall
place or erect upon the public way or passageway to any building an
obstruction of any type, provided that this prohibition shall not
prevent the duly authorized or required placing of temporary barriers
or warning signs for the purpose of safeguarding the public.
(3)Â
Removal of earth. No person in the City shall move,
disturb or take any earth, stone or other material from any public
street, alley or park or other public ground.
C.Â
Offenses against public safety.
[Added 2-9-1998; amended 10-28-2002]
(1)Â
It shall be unlawful to use a skateboard, roller skates
or rollerblades on the sidewalks, parking lots or Cameron Park in
the downtown business district of the City. The downtown business
district shall include Arch Street, Market Street and Chestnut Street
running from Front Street to Tenth Street.
(2)Â
It shall be unlawful to ride a skateboard, roller
skates, rollerblades, bicycle or any other device mounted on wheels
at any designated skate park within the City of Sunbury without wearing
a properly approved helmet. Any person found in violation of this
subsection shall be subject to an immediate fine which carries a minimum
penalty of $25 and a maximum penalty of $300.
[Amended 11-10-2003]
(3)Â
Any individual violating Subsection C(1) of this section shall be subject to the penalties in the order set forth below:
[Amended 11-10-2003]
(a)Â
A first offense shall result in the confiscation
of the skateboard, roller skates, rollerblades or bicycle for a period
of 30 days.
(b)Â
A second offense shall result in the permanent
confiscation of the skateboard, roller skates, rollerblades, or bicycle.
(c)Â
A third offense shall result in the imposition
of fine defined at a minimum amount of $25 and a maximum amount of
$300, along with permanent confiscation of the skateboard, roller
skates, rollerblades, or bicycle.
(d)Â
If a minor is involved with any of the offenses
then the parent or guardian shall be served with written notice of
the penalty. An item of property shall only be returned to a minor
with a parent or guardian present.
A.Â
Buildings and other property.
(1)Â
Disfiguration and removal. No person in a "park" (defined
for purposes of this chapter as a park, playground, beach, recreation
center or any other area in the City owned or used by the City and
devoted to active or passive recreation, and including comfort stations)
shall willfully mark, deface, disfigure, injure, tamper with or displace
or remove any buildings, bridges, tables, benches, fireplaces, railings,
paving or paving materials, water lines or other public utilities
or parts or appurtenances thereof, signs, notices or placards, whether
temporary or permanent, monuments, stakes, posts or other boundary
markers or other structures or equipment, facilities or park property
or appurtenances whatsoever, either real or personal.
(2)Â
Restrooms and washrooms. No person in a park in the
City shall fail to cooperate in maintaining restrooms and washrooms
in a neat and sanitary condition.
(3)Â
Removal of natural resources. No person in a park
in the City shall dig or remove any beach sand, whether submerged
or not, or any soil, rock, stones, trees, shrubs or plants, down timber
or other wood or materials, or make any excavation by tool, equipment,
blasting or other means or agency.
(4)Â
Erection of structures. No person in a park in the
City shall construct or erect any building or structure of whatever
kind, whether permanent or temporary in character, or run or string
any public service utility into, upon or across such lands, except
on special written permit.
(5)Â
Glass containers. No person shall have glass containers
in his possession on the grounds of a City playground. Said areas
shall consist of areas commonly known as a "City playground" and listed
in the office of the City Clerk.
[Added 1-9-1995 by Ord. No. 1197]
B.Â
Trees, shrubbery and lawns.
(1)Â
Injury and removal. No person in a park in the City
shall damage, cut, carve, transplant or remove any tree or plant or
injure the bark, or pick the flowers or seeds, of any tree or plant,
nor shall any person attach any rope, wire or other contrivance to
any tree or plant. A person shall not dig in or otherwise disturb
grass areas, or in any other way injure or impair the natural beauty
or usefulness of any area.
(2)Â
Climbing trees, etc. No person in a park in the City
shall climb any tree or walk, stand or sit upon monuments, vases,
fountains, railings, fences or gun carriages or upon any other property
not designated or customarily used for such purposes.
C.Â
Animals, birds, etc.
(1)Â
Hunting. No person in a park in the City shall hunt,
molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles
at any time at any animal, reptile or bird; nor shall he remove or
have in his possession the young of any wild animal or the eggs, nest
or young of any reptile or bird. Exception to the foregoing is made
in that snakes known to be deadly poisonous, such as rattlesnakes,
moccasins, coral snakes or other deadly reptiles, may be killed on
sight.
(2)Â
Feeding. No person in a park in the City shall give
or offer or attempt to give any animal or bird any tobacco, alcohol
or other known noxious substances.
D.Â
Sanitation.
(1)Â
Pollution of waters. No person in a park in the City
shall throw, discharge or otherwise place or cause to be placed in
the waters of any fountain, pond, lake, stream, bay or tributary,
stream, storm sewer or drain flowing into such waters any substance,
matter or thing, liquid or solid, which will or may result in the
pollution of said waters.
(2)Â
Refuse and trash. No person in a park in the City
shall have brought in or shall dump, deposit or leave any bottles,
broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage
or refuse or other trash. No such refuse or trash shall be placed
in any waters in or contiguous to any park, or left anywhere on the
grounds thereof, but shall be placed in the proper receptacles where
these are provided. Where receptacles are not so provided, all such
rubbish or waste shall be carried away from the park by the person
responsible for its presence and properly disposed of elsewhere.
E.Â
Recreational activities.
(1)Â
Bathing and swimming.
(a)Â
Designated areas. No person in a park in the
City shall swim, bath or wade in any waters or waterways in or adjacent
to any park, except in such waters and at such places as are provided
therefor, and in compliance with such regulations as are herein set
forth or may be hereafter adopted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.Â
Behavior.
(3)Â
Closed areas. No unauthorized person in a park in
the City shall enter an area posted as "Closed to the Public," nor
shall any person use or abet the use of any area in violation of posted
notices.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)Â
Going onto ice. No person in a park in the City shall
go onto the ice on any of the waters, except such areas as are designated
as skating fields and provided that a safety signal is displayed.
(6)Â
Loitering and boisterousness. No person in a park
in the City shall sleep or protractedly lounge on the seats or benches
or other areas, or engage in loud, boisterous, threatening, abusive,
insulting or indecent language, or engage in any disorderly conduct
or behavior tending to a breach of the public peace or tending to
disturb others in their peaceful use and enjoyment of the park.
B.Â
Vulgar language. No person in the City shall use vulgar,
profane or indecent language on any public street or other public
place or in any public dance hall, club dance, skating rink or place
of business open to the public patronage.[2]
F.Â
Animals.
(1)Â
Cruelty to animals. No person in the City shall overwork,
cruelly beat, mutilate, needlessly kill or otherwise cruelly or inhumanely
treat, or carry or transport in any vehicle or other conveyance in
a cruel and inhumane manner, any animal; or cause any of these acts
to be done.
(2)Â
Food and shelter. No person in the City shall fail
to provide any animal in his charge or custody with necessary sustenance,
drink and protection from the elements, or cause any of these acts
to be done.
(3)Â
Abandonment. No person in the City shall abandon any
animal or cause such act to be done.
(4)Â
Fight upon exhibition. No person in the City shall
maintain any place where fowl or any animals are suffered to fight
upon exhibition or for sport upon any wager.
(5)Â
Poisoning. No person in the City shall poison any
domestic animal or dog or cat or distribute poison in any manner whatsoever
with the intent or for the purpose of poisoning any such animal, dog
or cat.
(6)Â
Indecent exhibition of animals. No person in the City
shall exhibit any animal indecently.
H.Â
Sexual predators.
[Added 7-10-2006]
(1)Â
A "sexual predator" shall be defined for purposes
of this subsection according to the Pennsylvania statute which defines
a sexually violent predator under Registration of Sexual Offenders,
42 Pa.C.S.A. § 9792, as a person who has been convicted
of a sexually violent offense as set forth in Registration of Sexual
Offenders, 42 Pa.C.S.A. § 9795.1 (relating to registration
under state law quoting the state registration section number), and
who is determined to be a sexually violent predator under Registration
of Sexual Offenders, 42 Pa.C.S.A. § 9795.4 (relating to
assessments under the state law section), due to a mental abnormality
or personality disorder that makes the person likely to engage in
predatory sexually violent offenses. The term includes an individual
determined to be a sexually violent predator where the determination
occurred in the United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of Puerto
Rico, a foreign nation or court martial.
[Amended 7-27-2009]
(2)Â
It is unlawful for a sexual predator to be physically
present within 1,000 feet of any school, bus stop, child-care facility,
City sports recreation area, the Sunbury Youth and Community Center,
park, playground, arcade, movie theater, athletic field, public library,
skate park, public tennis court, pool, ice rink, YMCA, homeless shelter,
motel and bed-and-breakfast.
[Amended 7-27-2009]
(3)Â
This residency restriction shall not apply to a sexual
predator who resided within those restricted areas prior to passage
of the subsection. The residency restriction shall apply to the areas
specified in the subsection above if new construction of an area where
children regularly congregate should be completed.
(4)Â
Penalties. A person who violates this subsection shall
receive a citation for a summary offense and be subject to punishment
issued by the Magisterial District Judge or the Court of Common Pleas.
The fine shall not exceed $500 and imprisonment not to exceed 60 days.
(5)Â
The City shall notify any interested governmental
agency and the public of any violation of this subsection following
a determination of guilt by the Magisterial District Judge or the
Court of Common Pleas.
A.Â
Offenses affecting children.
(2)Â
Presence on streets after certain hours.
[Amended 7-14-2003; 6-12-2006]
(a)Â
It shall be unlawful for any minor 13 years
of age or younger to be in or upon the public streets, walkways, roads,
alleys, parks or playgrounds, public buildings, vacant lots or other
unsupervised places within the City of Sunbury between the hours of
9:00 p.m. and 6:00 a.m. of the following day; provided, however, that
the provisions of this subsection do not apply to a minor accompanied
by his or her parent, guardian or other adult person having the care
and custody of the minor, or to a minor who is upon an emergency errand
or legitimate business directed by his or her parent, guardian or
other adult person having the care and custody of the minor. Further,
it shall be unlawful for any minor over the age of 13 years and under
the age of 18 years to be in or upon the public streets, walkways,
roads, alleys, parks or playgrounds, public buildings, vacant lot
or other unsupervised places within the City of Sunbury between the
hours of 11:00 p.m. and 6:00 a.m. of the following day; provided,
however, that the provisions of this subsection do not apply to a
minor accompanied by his or her parent, guardian or other adult person
having the care and custody of the minor, or to a minor who is upon
an emergency errand or legitimate business directed by his or her
parent, guardian or other adult person having the care and custody
of the minor.
(b)Â
It shall be unlawful for the parent, guardian
or other adult person having the care and custody of a minor over
the age of 13 years and under the age of 18 years to knowingly permit
such minor to be in or upon the public streets, walkways, roads, alleys,
parks or playgrounds, public buildings, vacant lots or other unsupervised
places within the City of Sunbury between 9:00 p.m. and 6:00 a.m.
of the following day; provided, however, that the provisions of this
subsection do not apply when the minor is accompanied by his or her
parent, guardian or other adult person having the care and custody
of the minor, or when the minor is upon an emergency errand or legitimate
business directed by his or her parent, guardian or other adult person
having the care and custody of the minor. Further, it shall be unlawful
for the parent, guardian or other adult person having the care and
custody of a minor under the age of 18 years to knowingly permit such
minor to be in or upon the public streets, walkways, roads, alleys,
parks or playgrounds, public buildings, vacant lots or other unsupervised
places within the City of Sunbury between 11:00 p.m. and 6:00 a.m.
of the following day; provided, however, that the provisions of this
subsection do not apply when the minor is accompanied by his or her
parent, guardian or other adult person having the care and custody
of the minor, or when the minor is upon an emergency errand or legitimate
business directed by his or her parent, guardian or other adult person
having the care and custody of the minor.
(3)Â
Purchase for minor. No person in the City shall procure
for any minor any article which the minor is forbidden by law to purchase.
(6)Â
Abandoned iceboxes. No person in the City shall leave
or permit to remain outside of any dwelling, building or other structure,
or within any unoccupied or abandoned building, dwelling or other
structure under his or its control, in a place accessible to children,
any abandoned, unattended or discarded icebox, refrigerator or other
container which has an airtight door or lid, snap lock or other locking
device which may not be released from the inside, without first removing
said door or lid, snap lock or other locking device from said icebox,
refrigerator or container.
[Amended 6-10-1974 by Ord. No. 902; 2-14-1977 by Ord. No. 958; 3-14-1983 by Ord. No. 1048; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this chapter shall
be guilty of a summary offense and, upon conviction therefor, be sentenced
to pay a fine of not more than $1,000, plus costs of prosecution,
or 90 days' imprisonment, or both.
[Added 12-14-1992 by Ord. No. 1170;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The officers and agents of the City shall have
the right to process criminal bad check offenses against any individuals
or entities that attempt to make payments to the City with checks
drawn on accounts with insufficient funds. The City shall further
assess a fee as shall be set by resolution of the City Council for
all bad checks that must be processed as a bad check offense.
[Added 6-14-1993 by Ord. No. 1178]
The Mayor of the City of Sunbury shall have
emergency power to declare a park area, including but not limited
to the sidewalks within the park, as closed to the public. If such
action is taken, the City shall not be required to use City resources
to maintain that specific area. The term "maintenance" shall include
snow and ice removal in the park grounds and on the sidewalks. The
Mayor shall exercise this emergency power by posting a notice at the
park and on the bulletin board in the City Hall.
[Added 4-12-1999 by Ord. No. 1218]
A.Â
CITY PROPERTY
MINOR
SMOKING
TOBACCO USE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes the streets, parks, sidewalks, buildings and other
property in which the City of Sunbury has a property interest.
Includes any individual who is under the age of 18.
Includes the possession of a lighted cigarette, cigar, pipe
or other lighted smoking equipment.
Includes smoking and the use of smokeless tobacco in any
form.
B.Â
Restriction. Tobacco use by minors on City property
is prohibited. Any tobacco use or smoking by a minor on City property
shall be considered a violation of this section, and the minor shall
be subject to the penalty provisions of this section.
C.Â
Penalty. Any minor violating any of the provisions
of this section of the Code of the City of Sunbury shall be subject
to pay a fine which shall not exceed $300, following a hearing before
the Magisterial District Judge.