[HISTORY: Adopted by the Borough Council
of the Borough of East Stroudsburg 11-1-2005 by Ord. No. 1167, approved 11-1-2005. Amendments
noted where applicable.]
The Council of the Borough of East Stroudsburg
finds and determines as follows:
A.
That certain private properties require a disproportionate
amount of police service with many calls requiring response to maintain
order and public peace and safety and to stop public disturbances
at parties or other social event so that there is less police personnel
and resources available for other locations, emergencies, and duties
within the Borough of East Stroudsburg, thereby placing a disproportionate
and unfair burden upon the residents of the Borough of East Stroudsburg;
B.
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 thereat;
C.
That owners of private properties derive a benefit
from the aforesaid police service;
D.
That owners of private properties have a responsibility
to manage their properties to minimize required police service to
maintain order and public peace and safety and to stop public disturbances,
to minimize the burden upon the residents of the Borough of East Stroudsburg,
and to promote the health, safety, and welfare of the public in general;
E.
That owners of private properties can minimize required
police 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.
That assessment of police service costs as provided
in this article is reasonable and will have a deterrent effect and
encourage more responsible management of private properties; and,
G.
That it is not the intent of this article to discourage
or suppress calls or requests for police service, but rather to encourage
and stimulate diligent and strict management and regulation of private
properties by the owners thereof and to promote the health, safety
and welfare of the residents of the Borough of East Stroudsburg.
As used in this chapter, the following terms
shall have the meanings indicated unless the context clearly indicates
that a different meaning is intended:
A gathering at which any public disturbance occurs.
A dwelling where any public disturbance occurs.
A written report of disruptive/disorderly conduct on a form
prescribed therefor, to be completed by the police officer(s) who
actually investigate an alleged incident of disruptive/disorderly
conduct, and which shall be maintained by the Code Enforcement Officer.
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 owns, leases, or is otherwise in possession
and control of the private property where the gathering takes place
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.
The person, persons, corporation, or other entity who holds
record title to the private property.
The cost of the Borough of East Stroudsburg/Stroud Area Regional
Police Department for police services rendered in responding to a
call at a disorderly gathering or otherwise maintaining order and
public peace and safety and stopping public disturbances at a disorderly
gathering, including but not limited to the salaries and other compensation
of police officers, appropriate administrative costs allocable thereto,
prorated costs of equipment, the cost of repairing damaged equipment
and property of the Borough of East Stroudsburg/Stroud Area Regional
Police Department, and the cost of any medical treatment of injured
police officers. This cost shall either be fixed from time to time
by the Council of the Borough of East Stroudsburg based upon an average
cost for a typical police response or be determined on a case-by-case
basis by the Chief of Police.
Any land, building, or other structure, including single
and multifamily dwellings and commercial and industrial buildings,
not owned by a public entity.
Any act by a host or those persons attending a gathering
involving public drunkenness, consumption of an alcoholic beverage
in public, the serving of alcoholic beverages to minors, public urination
or defecation, the unlawful deposit of trash or litter on public or
private property, damage to or destruction of public or private property,
the obstruction of public roads, streets, highways, or sidewalks,
interference with emergency or police services, unreasonable noise,
use of profane or obscene language or gestures, indecent exposure,
fighting or quarreling, or any other conduct which otherwise disturbs,
annoys, injures, or endangers the health, safety, or welfare of the
residents of the Borough of East Stroudsburg residing in the neighborhood
or vicinity of the gathering.
Any federal, state, or local government, school district,
or agency, or authority created or organized thereby.
Any land, building, or other structure owned by a public
entity.
No host or person attending a gathering shall
commit any act of public disturbance. No host shall hold, conduct,
or have a gathering where any act of public disturbance occurs or
continue a gathering where any act of public disturbance has occurred
or is occurring.
In addition to the right to file a citation against violators under and pursuant to the Pennsylvania Rules of Criminal Procedure, police officers may also arrest a host or person attending a gathering who violates § 77-3 of this chapter, provided that the police officer views the public disturbance and, in the case of the host, the host is in attendance at the gathering at the time of such public disturbance, although nothing herein shall prevent a host from being cited for violation of § 77-3, whether or not any person attending the gathering is arrested or cited for a violation.
Any host or person who violates § 77-3 of this chapter shall be guilty of the offense of disorderly gathering and, upon conviction thereof, in a summary proceeding be sentenced to pay a fine of not more than $1,000 and/or be imprisoned for a period not to exceed 30 days.
[Amended 5-17-2011 by Ord. No. 1243, approved 5-17-2011]
An owner is required to pay police service costs to maintain
order and public peace and safety and to stop public disturbances
for each response by the police to a disorderly gathering in excess
of one response during any one-year period of time.
[Amended 5-17-2011 by Ord. No. 1243, approved 5-17-2011]
Whenever the police are called to respond to a disorderly gathering
for the purpose of maintaining order and public peace and safety and
stopping public disturbances, the Chief of Police or his duly authorized
designee shall notify the owner of the private property where the
disorderly gathering took place and also the agent of such property
if the owner has designated an agent in accordance with the Borough
of East Stroudsburg Regulated Rental Unit Occupancy Ordinance, by
regular mail at the last known address of such owner and operator,
that the police were called to respond to a disorderly gathering at
the owner's property for the purpose of maintaining order and
public peace and safety and stopping public disturbances and that
if the police are again called to respond to a disorderly gathering
at such property within one year after their initial response, such
owner shall be required to pay police service costs to the Borough
of East Stroudsburg for such responses.
[Amended 5-17-2011 by Ord. No. 1243, approved 5-17-2011]
After the second response to a disorderly gathering within one year as provided in § 77-6 of this chapter, the Chief of Police or his duly authorized designee shall notify the Borough of East Stroudsburg Manager in writing of the name and address of the owner of the private property where the disorderly gathering took place, the dates of the initial and subsequent response(s), and the total amount of police service costs incurred for or during such responses. The Borough of East Stroudsburg Manager or his/her duly authorized designee shall then bill the owner for the said amount, which amount shall be due and payable to the Borough of East Stroudsburg within 30 days of such billing.
Any police service costs which have not been
paid within 30 days of the billing therefor may be collected, together
with a penalty of 10% per annum added thereto, by civil action against
the owner and/or may be imposed or assessed against the owner's private
property as a municipal claim as provided by law.
It shall be unlawful for any property owner
to allow a dwelling unit to be disruptive to the peace and well-being
of the surrounding community. Houses are deemed disruptive where frequent
requests or responses for police/ambulances service for noise, loitering,
gaming or other misbehavior.
The owner of the premises will be contacted
and provided with a disorderly house report by the Borough as supplied
by the Stroud Area Regional Police Department. The owner shall take
appropriate action to insure that the occupants of the house will
not cause further disruption to the community.
After the first warning is issued to the owner,
any subsequent responses by the Police Department shall be a violation
of this article.
Any person, firm, partnership or corporation
who shall violate or fail to comply with any provision of this chapter
shall be guilty of a summary offense and, upon conviction thereof,
shall be punishable by a fine of not more that $1,000 or by imprisonment
for not more than 30 days, or both.
