[HISTORY: Adopted by the Borough Council of the Borough of Ephrata: Art. I, 9-2-1976 as Ord. No. 1022; Art. II, 3-13-1989 as Ord. No. 1180. Amendments noted where applicable.]
Property maintenance — See Ch. 245.
Article I Protection of Public Property
Article II Concealing Identity
[Adopted 9-2-1976 as Ord. No. 1022]
No person or persons shall destroy or injure in any way whatsoever, or tamper with or deface any public property of the Borough of Ephrata or of any Authority created by said borough, or any grass, shrub, tree, walk, lamp, ornamental work, building, streetlight, fire hydrant or water or gas stop box on or in any street, alley, park or other public ground in the borough, provided that "defacement" shall include, but shall not be limited to, the making of graffiti or other markings upon any of the property herein referred to or upon the surface of any street, alley, sidewalk or curb in the borough.
No person or persons shall in any manner interfere with or meddle with or pull, drive, change, alter or destroy any stake, post, monument or other evidence of any elevation, grade, line, location, corner or angle in the Borough of Ephrata, made, placed or set, or caused to be done, by the authorities of the borough in any survey of or in any street, alley or public ground in the borough, to evidence the elevation, line, grade, location, corner or angle of any public street, alley, sidewalk, curb, gutter, sewer or other public work, matter or thing.
No person or persons shall willfully or maliciously remove or interfere with or deface or obliterate or cover up any lamp, flare, warning sign or barricade erected by the authorities of the borough or by any person, firm or corporation doing work by permission of the authorities of the borough or under contract with such authorities, upon any street, alley, sidewalk or bridge in the borough, as a warning of danger.
No person or persons shall take any earth, stone or other material from any street, alley, park or other public ground in the borough.
This Article shall not apply to normal activities in connection with the construction, maintenance and repair of streets, alleys, sidewalks and public grounds and the structures and fixtures located thereon and therein, or to incidental results of work thereon and therein upon permit from or by authority of the borough.
Any person who shall violate any provision of this Article shall, upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.) and costs of prosecution, and, in default of payment of such fine, to imprisonment for not more than thirty (30) days; provided that the fact that a violator has been penalized, after hearing, as herein provided, shall not preclude the borough or other injured party from taking proper legal action to recover damages resulting from such violation. Every day that a violation of this Article continues shall constitute a separate offense.
[Adopted 3-13-1989 as Ord. No. 1180]
The purpose of this Article is to regulate the wearing of any hood, mask or other device which conceals the identity of the wearer on any public street, or in or on any public place or on the property of another within the Borough of Ephrata.
This Article shall be known as the "Ephrata Borough Mask Ordinance."
As used in this Article, the following terms shall have the meanings indicated:
- PUBLIC PLACE
- All walks, alleys, streets, boulevards, avenues, lanes, roads, highways or other ways or thoroughfares dedicated to the public use or owned or maintained by public authority and all grounds and buildings owned, leased or operated for the use of organizations enjoying all tax-exempt privileges as charitable use.
The wearing of hoods or masks which conceal the identity by hiding the face in a public place is hereby prohibited. No person shall, while wearing any hood which conceals the identity by hiding the face, mask or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, enter, be or appear in any public place within the Borough of Ephrata.
The wearing of hoods or masks which conceal the identity by hiding the face on the property of another is hereby prohibited. No person shall, while wearing any hood which conceals the identity by hiding the face, mask or other devise whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, demand entrance or admission, enter or come upon or into, or be upon or in the premises, enclosure or house of any other person in the Borough of Ephrata unless he or she has first obtained the written permission of the owner or occupant of such property.
Exemptions to this Article are as follows:
Any person under the age of sixteen (16).
Any person wearing a traditional holiday costume in season.
Any person using masks in theatrical productions, including use in celebrations and masquerade balls.
Any person lawfully engaged in trades or employment or in a sporting activity where a mask or facial covering is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade or professional or sporting activity.
Any person wearing a gas mask in drills, exercises or emergencies.
Any person wearing a mask or wearing apparel in season as personal protection against cold weather.
Any person wearing a mask because of any illness, allergy or on the advice of his or her physician.
The provisions of §§ 227-10, 227-11 and 227-12 apply only if the person wears the hood, mask or other device:
With the intent to deprive any person or class of persons of the equal protection of the laws or of equal privileges and immunities under the laws, or for the purpose of preventing or hindering the constituted authorities of the United States or of this state or any subdivision thereof from giving or securing to all persons within this state the equal protection of the laws.
With the intent, by force or threat of force, to injure, intimidate or interfere with any person because of his or her exercise of any right secured by federal, state or local laws, or to intimidate such person or any other person or any class of persons from exercising any right secured by federal, state or local law.
With the intent to intimidate, threaten, abuse or harass any other person.
With the intent to cause another person to fear for his or her personal safety, or, where it is probable that reasonable persons will be put in fear for their personal safety by the wearer's actions, with reckless disregard for such probability.
While engaged in conduct prohibited by civil or criminal law, with the intent of avoiding identification.
No portion of this Article shall be so construed as to violate the constitutional rights of any person under the constitutions of the Commonwealth of Pennsylvania or the United States of America.
Any person who shall violate any of the provisions of this Article shall be guilty of a summary offense and, upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.) and the costs of prosecution and, in default of payment of such fine, to imprisonment for not more than thirty (30) days in the county prison. Every day that a violation of this Article continues shall constitute a separate offense.