[HISTORY: Adopted by the City Council of the City of Oil
City as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-2009 by Ord. No. 2771]
This article shall be known as the "City of Oil City Disorderly
House Ordinance."
This article is enacted pursuant to Section 2414 of the Third
Class City Code, 53 P.S. § 37414.
The purpose of this article is to protect the health, safety
and welfare of the City of Oil City by eliminating the proliferation
of residences harboring occupants who disturb the peace and tranquility
of their neighborhoods. The processes currently available do not adequately
control unlawful or nuisance activity or its detrimental effects on
citizens and neighborhoods where such activity occurs. These regulations
and prohibitions are intended to protect the physical, mental and
social well-being of the residents of the City of Oil City.
The Council finds that there is a need to protect the health,
safety and welfare of the residents of the City of Oil City by eliminating
the proliferation of residences harboring occupants who disturb the
peace and tranquility of their neighborhoods, and the chronic unlawful
or nuisance activity of various kinds on and near disorderly properties
diminishes the quality of life in neighborhoods where this activity
occurs. Specifically, the Council finds that maintaining or permitting
a disorderly house:
A.
Frequently promotes and causes criminal misconduct in the surrounding
neighborhood that disturbs the peace, that affects public health,
safety and welfare, and creates a nuisance in that residents neighboring
a disorderly house are deprived of the enjoyment of their homes, disturbed
in their sleep, and otherwise prevented from the quiet enjoyment of
their residential premises;
B.
Affects the property values of residences in the City;
C.
Affects the public welfare by reflecting negatively on the quality
of life in residential areas of the City;
D.
Disturbs the peace and good order of the City; and
E.
Creates a public nuisance.
As used in this article, the following terms shall have the
meanings indicated:
Any building, dwelling, dwelling unit, rooming house, rooming
unit, tent, trailer, recreational vehicle, camping site or other structure
or place occupied either temporarily or permanently by human beings.
The term shall also include both the enclosed area within a building
as well as the exterior premises of the building within the boundary
lines of any real property on which the building is located.
The Chief of Police of the City of Oil City or his/her designee.
Situations created within the vicinity of any building by
a building's owner, occupants or tenants, or the invitees of
an owner, tenant or occupant, which would have a tendency to disturb
unreasonably the community, the neighborhood or an ordinary individual
occupying property in or near the disorderly activity, including but
not limited to loud music; boisterous parties; excessively loud or
unnecessary noises or repeated noise disturbances emanating from within
the building or its surroundings which are audible outside and surrounding
the building; fights within the building or in its vicinity involving
occupants of the building or their invitees; occupants of the building
or their invitees being intoxicated outdoors in the vicinity of the
building; and other similar activities in the building or in the vicinity
of the building.
A complaint of a disorderly activity to which the Police
Department responds and determines to be substantiated.
Any building at which the Police Department has substantiated
a disorderly event.
The person or persons having the right of legal title to
or the beneficial or possessory interest in a building or parcel of
land.
The Police Department shall document all responses to complaints
of disorderly activities and classify each as either a substantiated
disorderly event or unfounded complaint.
A.
It shall be unlawful for the owner, lessee, resident, manager, proprietor
or occupant of any building to knowingly collect or permit to be collected
therein persons who are engaging in any disorderly activities, unlawful
acts, or to knowingly make, cause, permit or suffer to be made therein
any disorderly activities to the annoyance or disturbance of any person
or neighborhood. Any person who is not the owner of a disorderly house
who violates any provision of this article shall be subject to the
following penalties:
B.
Whenever the Police Department responds to a disorderly event, the
owner of the disorderly house shall be notified as provided below:
(1)
First disorderly event. No later than five calendar days after the
first disorderly event at a building, the Police Department shall
deliver by hand or first class mail a copy of this article as a courtesy
and a notice, advising the owner that the Police Department has responded
to a disorderly event at his or her building.
(2)
Second disorderly event. No later than five calendar days after the
second disorderly event at a building, the Police Department shall
deliver by hand or first class mail a copy of this article as a courtesy
and a notice advising the owner that the Police Department has responded
to a second disorderly event at his or her building. The owner of
the disorderly house shall be subject to a fine of $300.
(3)
Third or subsequent disorderly event. No later than five calendar
days after the third or subsequent disorderly event at a building,
the Police Department shall deliver by hand or first class mail a
copy of this article as a courtesy and a notice advising the owner
that the Police Department has responded to a third or subsequent
disorderly event at his or her building. The owner of the disorderly
house shall be subject to a fine of $600.
Any notice mailed or delivered to any owner as provided in this
article shall be effective as to the owner identified in the notice,
notwithstanding such owner's refusal to accept delivery of the
notice and notwithstanding any failure of any other owner to actually
receive notice.
