The Township intends to preserve the peace, health, safety and
welfare of the residents and neighborhoods in the municipality by
reducing gatherings and events that become a public nuisance. The
Township finds that:
A. Events and gatherings held on private or public property where persons
gather and where neighborhood disturbances, destruction and defacing
of property, violence and hazardous conditions result constitute a
threat to peace, health, safety and welfare of the community that
require prevention, response to, and/or abatement.
B. The hosts or other organizers of a gathering or event are deemed
to be responsible for the activities of their guests and visitors
on the site of the gathering event.
For the purpose of this chapter, the following terms have the
following meanings:
EVENT or GATHERING
Any group of 10 or more persons who have assembled or gathered
together for a social function or other activity on public or private
property whether indoors or outdoors.
HOST(S)
To aid, conduct, allow, entertain, organize, supervise, control,
or overtly permit a gathering or event.
LIQUOR
As defined by Title 18, Pennsylvania Crimes Code § 6310.6.
PERSON
Any individual, partnership, co-partnership, corporation,
or any association of one or more individuals.
PREMISES
Any home, yard, fraternity house, farm, field, land, apartment,
condominium, hotel or motel room, or other dwelling unit, or a hall
or meeting room, park, or any other place of assembly, public or private,
whether occupied on a temporary or permanent basis, whether occupied
as a dwelling or specifically for a party or other social function,
and whether owned, leased, rented, or used with or without permission
or compensation. Premises licensed by the Pennsylvania Liquor Control
Board are excluded from the definition of "premises" for purposes
of this chapter.
An event or gathering that results in three or more of the following
illegal activities at a premises, is hereby declared to be an unlawful
public nuisance as defined herein:
A. Excessive, unnecessary, or unreasonably loud noise which does or
is likely to disturb the comfort, quiet, or repose of the neighborhood
(Section 5503 of the Pennsylvania Crimes Code, Title 18); or
B. Public disturbances, brawls, fights, or quarrels or indecent or obscene
conduct (Section 5503 of the Pennsylvania Crimes Code, Title 18);
or
C. Purchase, consumption, possession, or transportation of liquor or
malt or brewed beverages (Section 6308 of the Pennsylvania Crimes
Code, Title 18); or
D. Public drunkenness (Section 5505 of the Pennsylvania Crimes Code,
Title 18); or
E. Public urination or defecation (Section 5503 of the Pennsylvania
Crimes Code, Title 18); or
F. Unlawful sale, furnishing, or consumption of intoxicating beverages
(Section 6310.1 of the Pennsylvania Crimes Code, Title 18); or
G. Unlawful deposit of trash or litter (Section 6501 of the Pennsylvania
Crimes Code, Title 18); or
H. Criminal mischief (Section 3304 of the Pennsylvania Crimes Code,
Title 18); or
I. Sale, manufacture, possession of any controlled substances as defined
in the Controlled Substance, Drug, Device and Cosmetic Act, Act of
1972, P.L. 233 No. 64; or
J. Open lewdness or indecent exposure (Section 5901 or Section 3127
of the Pennsylvania Crimes Code - Title 18).
The within chapter shall not apply to any event or gathering
held for political or religious purposes, regardless of size, whether
held indoors or outdoors and whether held on public or private property.
If any section, subsection, sentence, clause, phrase, word,
or other portion of this chapter is, for any reason, held to be unconstitutional
or invalid, in whole, or in part, by any court of competent jurisdiction,
such portion shall be deemed severable, and such unconstitutionality
or invalidity shall not affect the validity of the remaining portions
of this chapter, which remaining portions shall continue in full force
and effect.