[HISTORY: Adopted by the Borough Council
of the Borough of East Petersburg as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-6-1966 by Ord. No. 57]
No person or persons shall destroy or injure
in any way whatsoever or tamper with or deface any public property
of the Borough of East Petersburg or any grass, walk, lamp, ornamental
work, building, streetlight, fire hydrant or water or gas stop box
on any of the streets, alleys, parks or other 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 East Petersburg made, placed or
set or caused to be done by the authorities of said Borough in any
survey of or in any street, alley or public ground in the Borough
to evidence the elevation, line, grade, location, corner or angle
of any public street, alley, sidewalk, curb, gutter, sewer or other
public work, matter or thing.
No person shall willfully or maliciously destroy
or remove or deface or obliterate or cover up any lamp, warning sign
or barricade erected by the authorities of the Borough of East Petersburg
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 bridges in the Borough as a warning of danger.
No person or persons shall take any earth, stone
or other material from any of the streets, alleys, parks or other
public grounds in the Borough.
This article 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 nor to incidental results of work thereon or therein
upon permit from or authority of the Borough.
[Amended 11-15-1983 by Ord. No. 152]
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300 and costs of prosecution and, in default
of payment of such fine and costs, to be imprisoned for not more than
30 days; provided, however, that if the Magisterial District Judge
determines that the defendant is without the financial means to pay
the fines and costs immediately or in a single remittance, such defendant
shall be permitted to pay the fines or costs in installments and over
such periods of time as the Magisterial District Judge deems to be
just. The fact that a violator has been penalized, after hearing,
as herein provided shall not preclude the Borough or other injured
party from taking proper legal action to recover damages resulting
from such violation.
[Adopted 10-7-1969 by Ord. No. 78]
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, including but not limited
to public streets, highways and alleys, public parks and grounds,
transport facilities, schools, apartment houses, places of business
or amusement or any neighborhood.
[Amended 11-15-1983 by Ord. No. 152]
A person is guilty of disorderly conduct who,
with a purpose to cause public inconvenience, annoyance or alarm or
who recklessly creates a risk thereof:
A.
Engages in fighting or threatening or in violent or
tumultuous behavior.
B.
Insults, taunts or challenges another in a manner
likely to provoke a violent or disorderly response.
C.
Makes unreasonable noise or offensively coarse utterance,
gesture or display or addresses abusive language to any person present.
D.
Creates a hazardous or physically offensive condition
by any act which serves no legitimate purpose of the actor.
[Amended 11-15-1983 by Ord. No. 152]
A person who loiters or prowls in a place, at
a time or in a manner not usual for law-abiding individuals, under
circumstances that warrant alarm for the safety of persons or property
in the vicinity, commits the offense of disorderly conduct. Among
the circumstances which may be considered in determining whether such
alarm is warranted is the fact that the actor takes flight upon the
appearance of a peace officer, refuses to identify himself or manifestly
endeavors to conceal himself or any object. Unless flight by the actor
or other circumstance makes it impracticable, a peace officer shall,
prior to any arrest for an offense under this section, afford the
actor an opportunity to dispel any alarm which would otherwise be
warranted by requesting him to identify himself and explain his presence
and conduct. This section is not intended to, nor shall it be construed
to, conflict with, but is intended to supplement, the provision of
the Pennsylvania Penal Code on loitering or prowling in the nighttime.
[Amended 11-15-1983 by Ord. No. 152]
Where two or more persons are participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants or others in the immediate vicinity to disperse. A person who persists in disorderly conduct after reasonable warning or request to disperse or who refuses or knowingly refuses to obey such an order commits the offense of disturbing the peace and, upon conviction thereof, shall be sentenced as provided in § 84-13.
[Amended 11-15-1983 by Ord. No. 152]
A.
A person who, having no lawful privilege to do so, purposely or recklessly obstructs any highway or any public passage, whether alone or with others, commits the offense of disturbing the peace and, upon conviction thereof, shall be sentenced as provided in § 84-13. For purposes of this section, the term "obstruct" means to render impassable without unreasonable inconvenience or hazard. No person shall be deemed guilty of recklessly obstructing in violation of this section solely because of a gathering of persons to hear him speak or otherwise communicate or solely because of being a member of such a gathering. A person in a gathering commits a violation if he refuses to obey a reasonable official request or order to move:
B.
An order to move, addressed to a person whose speech
or other lawful behavior attracts an obstructing audience, shall not
be deemed reasonable if the obstruction can be readily remedied by
police control of the size or location of the gathering.
[Amended 11-15-1983 by Ord. No. 152]
A person who, with the purpose to prevent or disrupt a lawful meeting, procession or gathering, does any act tending to obstruct or interfere with it physically or makes any utterance, gesture or display designed to outrage the sensibilities of the group commits the offense of disorderly conduct and, upon conviction thereof, shall be sentenced as provided in § 84-13.
[Added 11-15-1983 by Ord. No. 152]
Any person or persons, corporation, partnership
or other entity whatsoever violating any of the provisions of this
article shall, upon conviction, be sentenced to pay a fine not to
exceed the maximum fine of $300, plus costs of prosecution, and, in
default of payment of such costs and prosecution, to be imprisoned
for a term not exceeding 30 days; provided, however, that, if the
Magisterial District Judge determines that the defendant is without
the financial means to pay the fines and costs immediately or in a
single remittance, such defendant shall be permitted to pay the fines
or costs in installments and over such periods of time as the Magisterial
District Judge deems to be just.
