[HISTORY: Adopted by the Borough Council of the Borough of Pen Argyl: § 53-1, 10-7-1963 by Ord. No. 321; § 53-2, 1-26-1956 by Ord. No. 266; §§ 53-3 through 53-6, 1-26-1956 as Sections 1 through 4 of Ord. No. 267; § 53-7, 9-4-1899 by Ord. No. 30; § 53-8, 5-17-1976 by Ord. No. 380, approved 5-17-1976. Amendments noted where applicable.]
Brush, grass and weeds — See Ch. 48.
Handbills and circulars — See Ch. 63.
Nuisances — See Ch. 75.
Editor's Note: Ordinance No. 588, adopted 5-6-2003, approved 5-6-2003, amended this chapter title, formerly Disorderly Conduct, to Disorderly Conduct and Smoking.
Disorderly conduct is hereby prohibited within the Borough of Pen Argyl. Any person who shall be guilty of any act, word or conduct causing or tending to cause a disturbance of the peace and good order of the Borough, or causing or tending to cause any danger, discomfort or annoyance to any of the inhabitants of the Borough or users of any of the Borough thoroughfares; or who shall fight or quarrel or incite others to fight or quarrel; or who shall publicly make use of obscene or indecent language; or who shall loaf or loiter or congregate upon any of the public streets or alleys or public grounds in the Borough to the annoyance of peaceable residents nearby or traveling upon any street or alley or being lawfully upon any of the public grounds of the Borough, whereby the public peace is broken or the traveling public annoyed, shall be guilty of disorderly conduct.
[Amended 8-1-1995 by Ord. No. 513, approved 8-1-1995; 1-7-2008 by Ord. No. 640, approved 1-7-2008]
No person shall, except in necessary defense of persons or property, use, discharge, fire or otherwise propel any projectile with enough force which may endanger persons or property within the Borough of Pen Argyl except under the circumstances listed below:
The following weapons are specifically prohibited from being discharged within the limits of the Borough of Pen Argyl:
Firearms, including rifles, shotguns, pistols or any other weapon that is capable of firing a projectile by use of an explosive charge.
The following weapons are specifically prohibited from being discharged within the limits of the Borough of Pen Argyl within 50 yards (150 feet) of an inhabited dwelling unless the owner and/or adult occupant, if different from the owner, has consented in writing:
Air rifles/pistols, including any weapon that is capable of firing a projectile by use of compressed or forced air.
Spring-loaded gun/pistol, including any weapon that is capable of firing a projectile with enough force to endanger persons or property by use of a spring to propel such projectile.
Bow and arrow/crossbow.
Any other weapon that propels a projectile with enough force to endanger persons or property.
Nothing in this section shall prohibit the discharge of any prohibited weapons in the confines of a lawfully approved firing range, archery range, target range or other facility that has been inspected and approved by the Pen Argyl Borough Code Official and which has been issued a certificate of occupancy, so long as said discharge occurs in accordance with operation of such facility and does not violate any conditions imposed as a condition of its approval.
Notwithstanding the provisions of this section, nothing in this section shall be deemed to prohibit "hunting" as that term is defined under the provisions of the Pennsylvania Game and Wildlife Code (34 Pa.C.S.A. § 101 et seq.), so long as said hunting is conducted in accordance with the provisions of the Game and Wildlife Code.
No person or persons shall destroy, injure, tamper with or deface any public property of the Borough of Pen Argyl or any streetlight, fire hydrant or water or gas stop box located on any of the streets, alleys or public grounds 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 Pen Argyl, made, placed or set or hereafter made, placed or set or caused to be done by the Borough authorities in any survey or in any street, alley or public ground in the Borough to evidence the elevation, line, grade, location, corner or angle of any street, alley, sidewalk, curb, gutter, sewer or other public work, matter or thing.
No person or persons shall willfully or maliciously destroy, remove, deface, obliterate or cover up any lamp, 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 on any of the streets, alleys, sidewalks or public grounds of the Borough, as a warning of danger.
Sections 53-3, 53-4 and 53-5 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, nor to incidental results of work thereon or therein upon permit from or authority of the Borough.
[Amended 1-26-1956 by Ord. No. 255]
It shall be unlawful for any person or persons to paste, fasten or attach in any manner any bill, advertisement or notice of any kind upon any electric or telephone pole erected within the limits of the Borough of Pen Argyl.
[Added 5-17-1976 by Ord. No. 380, approved 5-17-1976; amended 8-1-1995 by Ord. No. 513, approved 8-1-1995; 8-6-1996 by Ord. No. 522, approved 8-6-1996]
Any person violating any of the provisions of this chapter shall, upon conviction in a summary proceeding before a District Magistrate, be sentenced to pay a fine of not more than $300 and costs of prosecution, with the minimum fine for the first offense to be $50, the minimum fine for the second offense to be $150 and the minimum fine for the third and each subsequent offense to be $300, and, in default of payment of such fine and costs, to imprisonment in the county jail for not more than 30 days.
[Added 5-6-2003 by Ord. No. 588, approved 5-6-2003]
It shall be unlawful for any minor under the age of 18 years to use or possess tobacco, in any form, within the Borough of Pen Argyl on any Borough-owned property or on any public street, highway, trafficway, alley or sidewalk.
A violation of this section of the Code shall be a summary offense, and any person violating this section shall, upon conviction, be sentenced to pay a fine of not less then $25 and not more than $300.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- A street or highway intended to provide access to the rear or side of lots of buildings and not intended for the purpose of through vehicular traffic.
- The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purpose of vehicular travel. The term includes a roadway open to the use of the public for vehicular travel on grounds of a public or private school or public or historical park.
- That portion of the highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
- That portion of a street between curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.
- A lighted or unlighted cigarette, cigar, pipe or other lighted smoking product and smokeless tobacco in any form.
- The entire width between property lines or other boundary lines of every way or place of which any part is open to the public for purposes of vehicular travel as a matter of right or custom.
[Added 9-2-2003 by Ord. No. 589, approved 9-2-2003; amended 10-7-2003 by Ord. No. 591, approved 10-7-2003]
This section shall apply to those portions of Weona Park located south of Route 512 and identified as Northampton County Tax Parcel E9-1-1 and to those portions of Tax Parcels D9-14-3, D8-8-1 and D8-7-5 that are not designated on the Park Plan as part of the skate park and alternate use area.
Within the area described in Subsection A above, the riding or operation of bicycles, scooters, roller blades, skateboards or any motorized vehicle shall be prohibited except as follows:
Motorized vehicles may be ridden into any parking lot located on said property and parked within the designated areas.
Bicycles, scooters, roller blades and skateboards may be ridden or propelled within the skate park and alternate use area under and pursuant to such rules as may be adopted for the use of that area. Such vehicles may only be walked or carried by a direct route to the skate park and alternate use area but may not, under any circumstances, be operated or ridden enroute to that area.
With regard to bicycles, scooters, roller blades and skateboards, said vehicles may be walked (that is, pushed) to such designated racks as the Borough has provided within the park and secured there.
Violations of this section shall constitute a summary offense and shall be punishable by a fine to be no more than $300 and no less than $25.
This section shall not apply to vehicles or bicycles owned by the Borough, the Borough Parks Department or the Borough Police Department.
[Added 7-5-2006 by Ord. No. 618]
A curfew is established forbidding all minors under the age of 18 (excepting those individuals under the age of 18 who have been emancipated by court order) from being present on any public street within the Borough of Pen Argyl or being in Weona Park or any other public place such as sidewalks, alleys and the like, between the hours of 11:00 p.m. and 6:00 a.m. or to remain in any motor vehicle parked thereon.
Violations and penalties. Any person violating the provisions of this section shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $100 for a first offense, $200 for a second offense and $300 for a third or subsequent offense, together with costs of prosecution.