[HISTORY: Adopted by the Borough Council
of the Borough of Indiana as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-7-2008 by Ord. No. 2008-07]
The Borough Council of the Borough of Indiana determines as
follows:
A.
That certain private properties require a disproportionate amount
of attention from the Police Department and/or Code Enforcement Department
in order to properly protect the peace, health, safety, and general
welfare of the public.
B.
That the municipal services of Indiana Borough are being strained
and the citizens of the Borough of Indiana are being unfairly burdened
by the conduct or misconduct occurring on certain properties by the
residents and/or visitors to those properties.
C.
That the host of a disorderly party or other social event and those
persons attending such party or event should be held criminally responsible
for any public disturbances or other acts of disorderly conduct.
D.
The intent of this article is to gain a cooperative effort among
property owners in controlling adverse activities affecting the Borough
citizens that occur or may occur on their properties. The owners of
private properties are expected to minimize required police and code
enforcement services to maintain order and public peace and safety
and to stop public disturbances by diligent and strict management
and regulation of their properties.
[Amended 9-2-2014 by Ord. No. 2014-02]
E.
The owners of private properties are expected to minimize required
police and code enforcement services to maintain order and public
peace and safety and to stop public disturbances by diligent and strict
management and regulation of their properties.
F.
The Borough of Indiana desires to minimize threats to the peace,
health, safety, and general welfare of the public.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended:
Services rendered by the Code Enforcement Department of the
Borough of Indiana in connection with inspections, violations of Borough
ordinances, and/or violations of the Property Maintenance Code.[1]
A gathering at which any public disturbance occurs.
A party or event involving a group of persons who have assembled
or are assembling for a social occasion or activity on private property.
The person who is in possession or control of the private
property where the gathering takes place by virtue of owning the property,
having a lease on the property, or otherwise being in possession of
the property and/or who organized, sponsored, conducted, hosted, or
permitted such gathering, invited persons to attend such gathering,
or was otherwise in charge of such gathering.
Any person, partnership, corporation, or similar entity that
holds record title to the private property.
Police service rendered in responding to a call at a disorderly
gathering or otherwise to maintain order, the public peace, or public
safety, as well as stopping a public disturbance at a disorderly gathering.
Any land, building, or other structure not owned by a public
entity.
Includes instances where police and/or code enforcement services are needed to respond to a public disturbance and/or to the effects of a public disturbance. Any act by a host or those persons attending a gathering, including, but not limited to, public drunkenness, violation of the open container ordinance, underage drinking, public urination or defecation, unlawful deposit of trash or litter on public or private property, damage to or destruction of public or private property, obstruction of public roads, highways, or sidewalks, interfering with emergency or police services, violation of Chapter 275, Noise, of the Code of the Borough of Indiana, indecent exposure, fighting, or violations of any other Borough ordinance. As used in this article, a public disturbance shall also include violations of the Property Maintenance Code[2] caused by any
act by a host or those persons attending a gathering including, but
not limited to, those acts referred to herein.
[Amended 9-2-2014 by Ord. No. 2014-02]
[Amended 9-2-2014 by Ord. No. 2014-02]
A.
No host or person attending a gathering shall commit any act constituting
a public disturbance. No host shall hold, conduct, or have a gathering
where any act of public disturbance has occurred or is occurring.
[Amended 9-2-2014 by Ord. No. 2014-02]
In an effort to inform the owners of private property of public
disturbances on their property and to hold owners accountable for
repeating violations of this article that occur on their property,
whenever a person other than the property owner is cited under the
provisions of this article the owner will be notified that a violation
of this article occurred on their property.
[Amended 9-2-2014 by Ord. No. 2014-02]
A.
Any host or person who violates § 314-3A of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and upon first conviction shall be punishable by a fine of not less than $300 and not more than $600 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon conviction of any subsequent offense of disorderly gathering, the host or person shall be subject to a fine of not less than $600 and not more than $1,000 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any host or person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 days.
B.
Any owner who after being notified of an offense of disorderly gathering pursuant to § 314-3B and on whose property occurs another offense within six months of a notification of disorderly gathering pursuant to § 314-3B, shall be subject to the fines of not less than $300 and not more than $1,000 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any host or person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 days. The six-month time period is calculated from the date of the violation looking back six months.
[Adopted 10-7-2008 by Ord. No. 2008-08]
The Council of the Borough of Indiana determines as follows:
A.
That certain private properties require a disproportionate amount
of attention from the Code Enforcement Department and Police Department
in order to properly protect the Borough citizens' health, safety,
sanitation, and general welfare.
B.
That the municipal services of Indiana Borough are being strained
and the citizens of the Borough of Indiana are being unfairly burdened
by repeated violations of the Property Maintenance Code[1] and/or local and state criminal statutes occurring on
certain properties.
C.
That the owners of private properties have the responsibility to
minimize required code enforcement and police services and to reduce
the burden on the citizens of Indiana Borough of the nuisances created
by Property Maintenance Code violations and/or public disturbances
originating from their properties.
D.
"Property," as it pertains herein, shall include a specific address
regardless of the number of living units within the property.
Violations of certain sections of the Property Maintenance Code
and local ordinances and state criminal statutes directly affect the
safety, welfare, and quality of life of the citizenry. Violations
of the following sections shall be utilized to determine whether a
property is a nuisance property:
|
Indiana Borough Property Maintenance Code:[1]
| |
|
PM-302.1
|
Sanitation
|
|
PM-302.3
|
Sidewalks
|
|
PM-302.4
|
Weeds
|
|
PM-302.9
|
Defacement of Property
|
|
PM-304.1
|
General
|
|
PM-305.1
|
General
|
|
PM-306.1
|
Accumulation of Rubbish and Garbage
|
|
PM-306.2
|
Disposal of Rubbish and Garbage
|
|
PM-306.3
|
Rubbish and Garbage Storage Facilities
|
|
PM-307-1
|
Accumulation of Rubbish and Garbage
|
|
PM-307.2
|
Disposal of Rubbish
|
|
PM-307.2.1
|
Rubbish Storage Facilities
|
|
PM-307.3
|
Disposal of Garbage
|
|
Chapters of the Code of the Borough of Indiana
| |
|
Disorderly Gatherings on Private Property
| |
|
Chapter 434
|
Urination in Public
|
|
Chapter 275
|
Noise
|
[Amended 9-2-2014 by Ord. No. 2014-02]
It shall be a violation of this article if a property owner has four or more violations listed in § 314-7, or a combination thereof, within a twelve-month period.
[Amended 9-2-2014 by Ord. No. 2014-02]
Any property owner who violates § 314-8 of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000 plus court costs and attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended 9-2-2014 by Ord. No. 2014-02]
Upon the third incident involving any of the violations enumerated under § 314-7, the property owner shall be notified, in writing, by the Borough Manager or his designee. Upon a subsequent incident involving a violation of any of the enumerated violations under § 314-7, the property owner shall be charged in accordance with § 314-8 of this article. The property owner shall also be notified of the penalties for subsequent violations, and shall be informed that no further notifications will be sent. The Chief of Police and Code Enforcement Office Director will provide information to the Manager pertaining to repeated responses to a property under the provisions of this article.
