[HISTORY: Adopted by the Borough Council
of the Borough of Danville 7-8-1980 by Ord. No. 288 (Ch. 91 of the 1975 Code).
Amendments noted where applicable.]
This chapter shall be known and cited as the
certain "Ordinance of the Borough of Danville Promoting Public Peace,
Order, Safety and Health and Protecting Property."
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural. The word "shall" is always mandatory and not merely directory.
The Borough of Danville.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
No person shall commit any of the following
acts:
A.
Disorderly conduct. No person in the Borough shall
disturb, engage in any activity which tends to disturb or aid and
abet in disturbing the peace of the general public by loud, unruly,
boisterous, profane, violent, tumultuous, offensive or obstreperous
language or conduct, and no person shall knowingly permit such conduct
upon any premises owned or possessed by him or under his control.
B.
Assault and battery. No person in the Borough shall
beat, strike, wound or inflict violence on another or fight another,
except in properly licensed boxing exhibitions, or assault another
with a lethal weapon, instrument or thing with the intent to commit
upon the person of another any bodily injury.
C.
Motor vehicle operation. No person shall operate a
motor vehicle in such condition or in such manner so as to cause any
excessive, unusual or avoidable noise, such as acceleration and braking
to cause tires thereof to squeal.
D.
Vagrancy.
(1)
No person in the Borough shall have the status or
condition of a "vagrant." The following persons shall be deemed vagrants
and, upon conviction thereof, be subject to penalties provided herein.
(a)
Loitering. Any person found idling, lingering,
standing, strolling or loitering in, about or upon any street, alley
or other public way or public place or at any public gathering or
assembly or in or around any store, shop or business or commercial
establishment or on any property or place without lawful business
thereon or therein, and conducting himself in a lewd, wanton or lascivious
manner in speech or behavior or conducting himself in such a manner
as to provoke a disturbance or to annoy others or to disturb others
nearby in their peaceful use and enjoyment of said street, alley or
other public way or public place or any store, shop or business or
commercial establishment or any private property or place.
(b)
Burglars' tools. Any person upon whose person
or in whose possession shall be found any instrument, tool or other
implement for picking locks or pockets or any implement that is usually
employed or that reasonably may be inferred to have been designed
to be employed in the commission of any felony, misdemeanor or the
violation of any ordinance and who shall fail to account satisfactorily
for the possession of same.
(c)
Unlawful occupancy. Any person occupying, lodging
or sleeping in any vacant or unoccupied barn, garage, shed, shop or
other building or structure or in any vacant lot or in any automobile,
truck, railroad car or other vehicle, without owning the same or without
the permission of the owner or person entitled to the possession of
the same.
(d)
About at unusual hours. Any person who wanders
about or who is found about the streets, alleys or other public ways
or places at late or unusual hours in the night without any visible
or lawful business and not giving a satisfactory account of himself.
(e)
Illegal association. Any person who keeps, operates,
frequents, lives in or is employed in any house or other establishment
of ill fame or who (whether married or single) engages in or commits
acts of fornication, or perversion, for hire.
(f)
Illegal employment. Any person who frequents
or loafs or idles in or around or is the occupant of or is employed
in any gambling establishment or establishment where intoxicating
liquor is sold without a license.
(g)
Fraudulent schemes. Any person who shall engage
in any fraudulent scheme, device or trick to obtain money or other
valuable thing from others, or any person who aids or assists such
trick, device or scheme.
(h)
Concealing stolen property. Any person who keeps
a place where lost or stolen property is concealed.
(i)
All persons who by the common law are vagrants,
whether embraced in any of the foregoing classifications or not.
(2)
No person shall loiter, congregate, park, stop or
use private or public property properly posted by the owner thereof,
except for the specific purposes of said property and during the times
posted.
E.
Unlawful to disturb religious worship. No person in
the Borough shall disquiet or disturb any congregation or assembly
for religious worship by making a noise, or by rude or indecent behavior
or profane discourse, within their place of worship or so near the
same as to disturb the order or solemnity of the meeting.
F.
Drinking of intoxicating beverages.
(1)
No person in any park or on any street or on any public
area or private area not owned by the person involved, in the Borough,
shall have in his possession alcoholic beverages in open containers
for consumption, nor shall any person drink alcoholic beverages at
any time in any park, on any street, in any public area or on any
private property not owned by the person or persons charged.
[Amended 5-12-2009 by Ord. No. 497]
(a)
The above prohibition shall not be applicable
to the possession of alcoholic beverages in sealed containers.
(b)
The above prohibition shall not be applicable
to the transportation of alcoholic beverages within the Borough in
sealed containers or the transportation by proper persons of alcoholic
beverages in open containers from one location in the Borough to another.
(c)
The above prohibition shall not be applicable
to the possession and consumption of alcoholic beverages by patrons
of outdoor dining areas located along public sidewalks of the Borough,
provided such possession and consumption of alcoholic beverages is
occurring within a designated dining area permitted by the Borough
of Danville.
(2)
Possession and/or consumption of alcoholic beverages
by juveniles.
(a)
It shall be unlawful for a minor to purchase,
possess and/or consume alcoholic beverages on or about any private
property within the Borough or on any street, walkway, club or public
property.
(b)
Possession of an alcoholic beverage by a juvenile
or by an adult in a group of two or more persons on said street, walkway,
club or public property, in open containers, shall be presumed to
be in the possession of all.
(c)
A minor or juvenile within the Borough having
consumed alcoholic beverages shall be presumed to have consumed alcoholic
beverages within the Borough.
A.
Possession of burglars' tools. No person in the Borough
shall possess any nippers known as burglars' nippers, any picklock,
skeleton key, key to be used with bit or bits, jimmy or any other
burglars' instruments or tools of whatever kind or description, unless
it be shown that such possession is innocent or for lawful purposes.
B.
Throwing of missiles. No person in the Borough shall
throw any stones, snowball, cans, bottles or other missiles upon or
at any vehicle.
A.
Against public and private property.
(1)
Injury or removal. No person in the Borough shall
willfully, maliciously or wantonly injure, deface, destroy or remove
real property or improvements thereto or movable or personal property
belonging to the Borough or to any citizen or person in the Borough.
(2)
Scattering rubbish. No person in the Borough shall
throw or permit to be deposited or scattered upon any sidewalk, alley,
street, bridge or public passageway or upon any private property any
paper, waste, trash, refuse or other material of a like kind.
(3)
Posting notices. No person in the Borough shall fasten
in any way any show card, poster or advertising device upon public
property in the Borough unless authorized to do so by Borough Council.
B.
Against public property.
(1)
Tampering. No person in the Borough shall tamper with,
injure, deface, destroy or remove any sign, notice, marker, fire alarm
box, fireplug, topographical survey monument or any other personal
property erected or placed by the Borough.
(2)
Obstructing passageways. No person in the Borough
shall place or erect upon public way or passageway to any building
an obstruction of any type, provided that this prohibition shall not
prevent the duly authorized or required placing of temporary barriers
of warning signs for the purpose of safeguarding the public.
(3)
Removal of earth. No person in the Borough shall move,
disturb or take any earth, stone or other material from any public
street, alley, park or other public ground.
A.
Any person violating any provision of § 167-3A through F of this chapter shall, upon conviction therefor before the Magisterial District Judge, be sentenced to pay a fine of not more than $300 restitution for damages caused and costs of prosecution and, in default of payment thereof, shall undergo imprisonment for not more than 90 days for the first offense and a fine of not more than $300 and costs of prosecution for the second and subsequent offenses and, in default thereof, to undergo imprisonment for not more than 90 days.
B.
Any person violating any provisions of § 167-4A and B and § 167-5A and B of this chapter shall, upon conviction therefor before the Magisterial District Judge, be sentenced to pay a fine of not more than $300 and costs of prosecution for the first offense and a fine of not more than $300 and costs of prosecution for the second and each subsequent offense and, in default of payment thereof, shall undergo imprisonment for not more than 90 days.
