[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.]
GENERAL REFERENCES
Property maintenance — See Ch. 245.
[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:
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:
A.
Any person under the age of sixteen (16).
B.
Any person wearing a traditional holiday costume in season.
C.
Any person using masks in theatrical productions, including
use in celebrations and masquerade balls.
D.
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.
E.
Any person wearing a gas mask in drills, exercises or
emergencies.
F.
Any person wearing a mask or wearing apparel in season
as personal protection against cold weather.
G.
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:
A.
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.
B.
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.
C.
With the intent to intimidate, threaten, abuse or harass
any other person.
D.
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.
E.
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.
