[Adopted 12-7-1995 by Ord. No. 1245 as
§§ 660.01 and 660.99(a) of the 1995 Code]
A person is guilty of disorderly conduct if,
with intent to cause public inconvenience, annoyance or alarm, or
recklessly creating a risk thereof, he:
An offense under this article is a summary offense,
provided the intent of the actor is not to cause substantial harm
or serious inconvenience, and provided the actor does not persist
in disorderly conduct after reasonable warning or request to desist.
As used in this article, the following terms
shall have the meanings indicated:
Affecting or likely to affect persons in a place to which
the public or a substantial group has access; among the places included
are highways, transport facilities, schools, prisons, apartment houses,
places of business or amusement, any neighborhood or any premises
which are open to the public.
A.
Disorderly conduct, as hereinafter defined, is hereby
prohibited within the Borough.
B.
As used in this article, "disorderly conduct" means
to:
(1)
Discharge, on public or private property, any firearm,
spring or air gun or other implement which impels therefrom a pellet
of any kind, within or into any street or public place or within or
into private property, except by law enforcement officers or in the
case of authorized target ranges;
(2)
Throw or impel any ball, snowball, stone or other
missile of any kind within or into any public street or public place
or within or into private premises, except with the express permission
of the owner of such premises;
(3)
Write upon, deface, remove, injure, destroy or misuse
any real or personal property belonging to, or in the charge of, the
Borough or any of its agencies or instrumentalities or belonging to
any private owner, without proper authorization from such owner;
(4)
Obstruct, wholly or partially, any street or portion
thereof or any private walk or entrance, personally, by a vehicle
or in any other manner, where such obstruction is avoidable and unnecessary;
(5)
Interfere, directly or indirectly, unnecessarily with
free access by the public to public facilities or business establishments;
(6)
Use, within the hearing or sight of members of the
public, language that is unnecessarily loud or noisy or indecent,
profane or threatening, or gestures, signs or postures that reasonably
cause embarrassment, discomfort or fear to members of the public lawfully
in the vicinity;
(7)
Cause unnecessary noise in the Borough by human or
mechanical means or by musical instruments at inappropriate and unsuitable
times, where such sounds disturb the peace and quiet of the neighborhood;
(8)
Quarrel or fight or incite others to do so or engage
in a physical contest in any public place or in any private place
except duly scheduled and supervised athletic contests;
(9)
Loiter, singly or in a group, in public places, or
in or upon the property of others where the owner has not extended
an invitation to do so; and even when the owner has extended such
an invitation the other provisions of this article shall apply;
(10)
Congregate, without lawful purpose or necessity,
in public or private places to the annoyance of residents, or customers
having proper business there;
(11)
Be found in a state of drunkenness or intoxication
in the Borough;
(12)
Operate any machinery, other than licensed motor
vehicles, such as, but not limited to, lawn mowers, compressors, generators
and power tools, outside the confines of a building or with the building
open, between 8:00 p.m. and 8:00 a.m. of the following day, Monday
through Saturday, or between 8:00 p.m. and 9:00 a.m. on Sunday.
Police officers are hereby authorized and directed
to arrest, on sight, any person seen violating any of the provisions
of this article. Any responsible person having knowledge of a violation
hereof may make an affidavit thereon before the Mayor or a Magisterial
District Judge to invoke the protection of this article.
References in this article to acts or conduct
which cause annoyance, embarrassment, fear or discomfort to others
shall be construed as referring to persons of ordinary sensibilities,
entitled to the protection of a civilized community.
In cases involving children of tender age, as that term is used in law, the Mayor or, in his or her absence, the President of Council shall, individually or through the police, make an immediate effort to communicate with the parents or guardians of such child to obtain proper remedial and corrective action. In case of a subsequent offense by such child, the authorities shall proceed in accordance with law, and the parents or guardians shall be charged with the offense, in addition to such child, and be subject to the penalties provided in § 209-9.
No prosecution for a violation of any of the
provisions of this article shall exempt any defendant from prosecution
for any more serious offense committed in connection with such disorderly
conduct, nor interfere with any statute applicable thereto, nor exempt
such defendant from a civil action for damages resulting from such
misconduct.
Whoever violates any of the provisions of this
article shall be fined not less than $100 nor more than $1,000 for
the first offense and not less than $300 nor more than $1,000 or imprisoned
in the county prison for not more than 30 days, or both, for each
subsequent offense. A separate offense shall be deemed committed each
day during or on which a violation occurs or continues.
