[Adopted 9-17-1997 by Ord. No. 199]
[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Makefield as indicated in part histories. Amendments noted
where applicable.]
A.
It shall be unlawful for any person within the corporate limits of
the Township of Upper Makefield to violate any of the following subsections
of this section.
(1)
Any person who shall act in violent or tumultuous manner toward another
whereby any person is placed in fear or safety of his life, limb or
health.
(2)
Any person who shall act in a violent or tumultuous manner toward
another whereby the property of any person is placed in danger of
being destroyed or damaged.
(3)
Any person who shall endanger the lawful pursuits of another by acts
of violence, angry threats and abusive conduct.
(4)
Any person who shall be found jostling or roughly crowding or pushing
any person in any public place.
(5)
Any person who shall incite or cause a turmoil.
(6)
Any person who shall throw any stone, snowball or any other missile
upon or at any vehicle, building, tree or other public or private
property, or upon or at any person in any public or private way or
place or enclosed or unenclosed ground.
(7)
Any person who shall throw any stone, snowball or any other missile
from any vehicle, either moving, stopped or parked, upon or at any
building, tree, sign or other public or private property, or upon
or at any person in any public or private way or place or enclosed
or unenclosed ground.
(8)
Any person who shall assemble or congregate with another or others
for the purpose or with the intent to engage in gaming.
(9)
Any person who shall be found in any house or other place where such
person knows that gaming is being engaged in or knows of the existence
of the practice of the illegal possession of alcoholic beverages or
narcotics or dangerous drugs.
(10)
Any person who shall unlawfully congregate with another or others
in or on any public way so as to halt the flow of vehicular or pedestrian
traffic and refuses to clear such public way when told to do so by
a member of the Upper Makefield Township Police or other lawful authority.
(11)
Any person who shall refuse or fail to comply with any lawful
order, signal or direction of a police officer in the performance
of his lawful duty.
(12)
Any person who shall physically hamper, obstruct, impede or
interfere with any police officer or any member of the Police Department
while in the discharge or apparent discharge of his lawful duties.
(13)
Any person who shall obstruct any fireman or any member of the
Fire Department while in the discharge or apparent discharge of his
duty or in any way hamper, impede or interfere with him in the discharge
of his duty.
(14)
Any person who by their acts disturb or interfere with the quiet
or good order of any place, public or private, including, but not
by way of limitation, schools, churches, libraries, reading rooms,
public buildings.
(15)
Any person who utters in a loud or boisterous manner any offensive,
profane or indecent word or epithets in any public street or other
public place, public conveyance or place to which the public is invited,
which offensive, profane or indecent words or epithets shall include,
but are not limited to:
(a)
Use of common words denoting or relating to the questionable
parentage of another.
(b)
Use of any derogatory words relating to the privates of a male,
female or hermaphrodite.
(c)
Use of any derogatory words relating to the reproductive methods
of males and females, whether or not used in connection with profane
language.
(d)
Use of any derogatory words relating to the method of sexual
intercourse with relatives or strangers.
(16)
Any person who shall enter upon the land or premises of any other person, whether such person be the owner or lessee of said land or premises and wilfully act in a disorderly manner by making loud and unseemly noises or by profane cursing or swearing or using obscene language as defined in Subsection A(15) herein or acting in any other disorderly manner while thereon.
(17)
Any person who shall hereafter be found lurking, lying in wait
or concealed in any house or other building, or in any yard, premises
or street, with the intent to do any mischief or to pilfer or to commit
any crime or misdemeanor whatever.
(18)
Any person occupying, lodging or sleeping in any vacant or unoccupied
barn, garage, shed, shop or other building or structure, or in any
automobile, truck, railroad car or other vehicle, without owning the
same or without the permission of the owner or person entitled to
possession of same or sleeping in any vacant lot during the hours
of darkness.
(19)
Any person who loiters or prowls around a dwelling, house or
business or any other place used wholly or in part for living or dwelling
purposes or business belonging to or occupied by another or vacant
building.
(20)
Any person standing, loafing, lying upon or congregating upon
the sidewalks or other public streets or places within the Township
so as to prohibit or impede the free and uninterrupted use and passage
in and along or through such sidewalks, streets or public places by
the residents of the Township, or others lawfully upon such sidewalks,
streets or public places.
(21)
To discharge any gun or firearm except when legally authorized
or in defense of person or property.
(22)
To discharge any fireworks, firecracker or hold pyrotechnic
display without legal authorization.
(23)
To mar, deface, destroy, injure, remove or tamper with any sign,
marker, poster, signal, light, guardrail or other property or material
placed in, at, along or near any private place, public place, public
highway, street or alley by the Township or any of its officials.
(24)
Any person that inhales, injects or ingests any liquid, vapor,
powder or solid in its natural state or derived from or compounded
from any flower, plant, weed, seed, vegetable, fruit, mineral or chemical
without the authorization of a licensed physician for the purpose
of inducing or becoming intoxicated, stuporous, hallucinogenic, a
state of euphoria or depression.
B.
Any person who shall violate any subsection of this section may be
cited with the charge of "disorderly practices."
Any person violating any subsection of this Part shall, upon
a finding of liability therefore in a civil proceeding before a Magisterial
District Judge, be fined not more than $600. Each violation shall
constitute a separate offense.
[Adopted 11-16-2005 by Ord. No. 269]
As used in this Part, the following terms shall have the meanings
indicated:
A licensed day-care center, child-care facility or any other
child care services facility exempt from licensing pursuant to the
laws of the Commonwealth of Pennsylvania.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development or the general
public, not including streets, off-street parking areas, and areas
set aside for public facilities.
Any recreational facility, playground or park, owned or operated
by the Township or any other governmental agency including, but not
limited to, the school district, the County of Bucks or the Commonwealth
of Pennsylvania.
A place where a person lives, abides, lodges, or resides
for 14 or more consecutive days.
Any public or private school which provides education services
to a minor.
A place where a person lives, abides, lodges, or resides
for a period of less than 14 days in the aggregate during any calendar
year, which is not the person's permanent address or place where
the person routinely lives, abides, lodges, or resides and which is
not the person's permanent address.
The foregoing recitals are herein incorporated by reference
as though more fully set forth at length.
A.
The Upper Makefield Township Board of Supervisors has reviewed the
findings of the Pennsylvania Legislature when it adopted Megan's
Law II, as well as resource materials from the Criminal Justice Information
Services Division of the Federal Bureau of Investigation and the Center
for Sex Offender Management (www.csom.org.) as established in June
1997, as a collaborative effort of the Office of Justice Programs,
the National Institute of Corrections and the State Justice Institute
and administered by the Center for Effective Public Policy and the
American Probation and Parole Association, the goal of which is to
enhance public safety by preventing further victimization through
improving the management of adult and juvenile sex offenders who are
in the community. The Board of Supervisors finds that repeat sexual
offenders, sexual offenders who use physical violence, and sexual
offenders who prey on children are sexual predators who present an
extreme threat to the public safety. Sexual offenders are extremely
likely to use physical violence and to repeat their offenses, and
most sexual offenders commit many offenses, have many more victims
than are ever reported, and are prosecuted for only a fraction of
their crimes. This makes the cost of sexual offender victimization
to society at large, while incalculable, clearly exorbitant.
B.
It is the intent of this Part to serve the Township's compelling
interest to promote, protect and improve the health, safety and welfare
of the citizens of the Township by creating areas around locations
where children regularly congregate in concentrated numbers wherein
certain sexual offenders and sexual predators are prohibited from
establishing temporary or permanent residence.
C.
It is unlawful for any person who has been convicted of a violation
of § 9795.1 of Megan's Law II, 42 Pa.C.S.A. § 9795.1
(relating to registration),[1] in which the victim of the offense was less than 16 years
of age, to establish a permanent or temporary residence within 2,500
feet of any school, childcare facility, park or playground, or open
space.
[1]
Editor's Note: See now 42 Pa.C.S.A. § 9799.15.
D.
For purposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the
outer property line of the permanent residence or temporary residence
to the nearest outer property line of a school, child-care facility,
park or playground, or open space.
E.
Any person that Subsection C above applies to, who resides or lives within 2,500 feet of any school, child-care facility, park or playground, or open space in the Township, shall have 60 days from receipt of written notice of the prohibition set forth herein to move. Failure to move to a location which is in compliance with this section within the time period shall constitute a violation of this Part.
A person who violates this section shall be punished by a fine
not exceeding $1,000 or by imprisonment for a term not exceeding 90
days.
A person residing within 2,500 feet of any school, child-care
facility, park or playground, or open space does not commit a violation
of this section if any of the following apply:
A.
The person established the permanent residence prior to adoption
of this Part.
B.
The person was a minor when he/she committed the offense and was
not convicted as an adult.
C.
The person is a minor.
D.
The school, child-care facility, park or playground, or open space
within 2,500 feet of the person's permanent or temporary residence
was opened after the person established the residence.
The Board of Supervisors shall supply or cause to be supplied
to the Pennsylvania Board of Probation and Parole a duly certified
copy of this Part to inform the state and county prison and probation
and parole personnel about the limitations on residence set forth
in this Part.
All agencies and authorities within the Township including,
but not limited to, the Township Police Department, have full authority
to enforce this Part as a summary offense. In addition to or in lieu
of enforcement of this Part as a summary offense, the Township may
enforce this Part in equity.
The Township Manager is hereby directed to have prepared and placed on the Township website a map of the Township depicting the areas where sex offenders that § 6-203C above applies to are restricted from residing on a permanent or temporary basis.
