[HISTORY: Adopted by the Borough Council
of the Borough of Bell Acres 2-11-1980 by Ord. No. 95. Amendments noted where
applicable.]
It shall be unlawful for any person or persons,
while intoxicated, to be upon any street, lane, alley, public highway
or other public place within the limits of the Borough of Bell Acres
to the annoyance or disturbance of any of the peaceable inhabitants
thereof.
It shall be unlawful for vagrants or any persons
who have no fixed place of residence to go about from place to place
within the limits of said Borough or to trespass on private property
to the annoyance or disturbance of any of the peaceable inhabitants
thereof.
It shall be unlawful for any person or persons
willfully to make or cause to be made any loud, boisterous and unseemly
noise or disturbance to the annoyance of the peaceable inhabitants
nearby or near to any public highway, road, street, lane, alley, park,
square or common, whereby the public peace is broken or disturbed
or the traveling public annoyed.
It shall be unlawful for any person or persons
to create a disturbance of the public order by an act of violence
or by any act likely to produce violence or to address abusive language
or threats to any person present which creates a clear and present
danger of violence, with the willful purpose of causing public danger,
alarm, disorder or nuisance or with the knowledge that he or she is
likely to create such public danger, alarm, disorder or nuisance,
or that could reasonably be expected to create such public danger,
alarm, disorder or nuisance.
It shall be unlawful for any person or persons
willfully to fail to obey a lawful order of a police officer to disperse
or to leave the area, where two or more persons are committing an
act or acts of disorderly conduct in the immediate vicinity and where
the police have made all reasonable efforts to stop the act or acts
of disorderly conduct and where, despite such efforts, there is an
imminent threat of violence, should the order of dispersal not be
obeyed. If time permits, the police shall state the necessity for
dispersal to the person or persons ordered to disperse.
It shall be unlawful for any person or persons
willfully to damage, befoul or disturb public property or property
of another so as to create a hazardous, unhealthy or physically offensive
condition for the purpose of causing public danger, alarm, disorder
or nuisance or with the knowledge that he or she is likely to create
such public danger, alarm, disorder or nuisance.
It shall be unlawful for any person or persons
willfully to commit a trespass on private property or on public property
for the purpose of causing public danger, alarm, disorder or nuisance
or with the knowledge that he or she is likely to create such public
danger, alarm, disorder or nuisance. "Trespass," for the purposes
of this chapter, shall mean:
A.ย Entering upon or refusing to leave any private property
of another, either where such property has been posted with "no trespassing"
signs or where immediately prior to such entry, or subsequent thereto,
notice is given by the owner or occupant, orally or in writing, that
such entry or continued presence is prohibited; or
B.ย Entering upon or refusing to leave any public property
in violation of regulations of the Borough of Bell Acres, where such
regulations have been conspicuously posted on such property or where
immediately prior to such entry, or subsequent thereto, such regulations
are made known, orally or in writing, by an official of said Borough,
his agent or a police officer.
It shall be unlawful for any person or persons
willfully to participate in any riot, rout, unlawful assembly or affray
or willfully to incite others to riot, to the terror of the peaceable
residents nearby.
No person shall, by loud and excessive noise
in the course of any activity on private property, unreasonably disturb
the peace of others in the neighborhood, and no person shall knowingly
permit such conduct upon any premises owned or possessed by him or
her or under his or her control. In considering the unreasonableness
of any such conduct, nuisance or disturbance so occurring on private
property and its effect on disturbing the peace of others, the factors
considered shall include the time of day or night at which time such
disturbance occurs, the number of people involved, the proximity to
others whose peace and tranquility might be disturbed and the nature
of the disturbance. The police are empowered to give a warning if,
in their judgment, the disturbance is a breach of this section, and,
if the disturbance shall not abate, the owner or one in possession
or control of the premises on which the disturbance occurs shall be
arrested and charged with violation of this section.
It shall be unlawful for any person or persons,
other than a properly constituted police officer in the performance
of his or her duties, to display or make use of any knife, hand-billy,
artificial knuckles, chemical mace, tear gas or other chemical weapons
or agents, gun, revolver or other fire arms or to discharge or fire
any gun, revolver or other fire arm or chemical or other weapon within
the limits of said Borough of Bell Acres in a threatening manner or
for the purpose of intimidating or frightening any of the inhabitants
of said Borough or other persons in the Borough, except as may otherwise
be permitted by law in the defense of one's property or personal safety.
It shall be unlawful for any person or persons
to loiter or assemble with others upon or along the public streets,
lanes, highways, sidewalks or public places within the limits of the
Borough of Bell Acres in such a manner as to interfere with, impede
or annoy any person.
It shall be unlawful for any person or persons
willfully or maliciously to deface, destroy or injure any tree, shrub,
bush or vine on or along any street, lane, alley or highway within
the limits of said Borough of Bell Acres.
[Amended 9-14-1992 by Ord. No. 158]
Any person or persons violating any of the provisions
of this chapter, upon conviction thereof before any District Justice
or other public official having jurisdiction in the manner, shall
be sentenced to pay a fine of not more than $600, plus cost of prosecution
for each offense, and, in default of the payment of the fine and costs,
the person so convicted shall be sentenced and committed to the county
jail for a period not exceeding 30 days.
[Amended 9-14-1992 by Ord. No. 158]
Except as otherwise provided in this chapter,
it shall be the duty of the policemen, constables and peace officers
of the Borough of Bell Acres to arrest, upon view and without warrant,
and commit to the county jail for hearing any and all persons violating
any of the provisions of this chapter who shall fail to or refuse
to give bail or make satisfactory deposit for his, her or their appearance
for trial, in accordance with the practice in summary conviction of
criminal cases.