[HISTORY: Adopted by the Borough Council
of the Borough of Pen Argyl: § 53-1, 10-7-1963 by Ord. No. 321; § 53-2, 1-26-1956 by Ord. No. 266; §§ 53-3
through 53-6, 1-26-1956 as Sections 1 through 4 of Ord. No. 267; § 53-7, 9-4-1899 by Ord. No. 30; § 53-8, 5-17-1976 by Ord. No.
380, approved 5-17-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 48.
Handbills and circulars — See Ch. 63.
Nuisances — See Ch. 75.
[1]
Editor's Note: Ordinance No. 588, adopted
5-6-2003, approved 5-6-2003, amended this chapter title, formerly
Disorderly Conduct, to Disorderly Conduct and Smoking.
Disorderly conduct is hereby prohibited within
the Borough of Pen Argyl. Any person who shall be guilty of any act,
word or conduct causing or tending to cause a disturbance of the peace
and good order of the Borough, or causing or tending to cause any
danger, discomfort or annoyance to any of the inhabitants of the Borough
or users of any of the Borough thoroughfares; or who shall fight or
quarrel or incite others to fight or quarrel; or who shall publicly
make use of obscene or indecent language; or who shall loaf or loiter
or congregate upon any of the public streets or alleys or public grounds
in the Borough to the annoyance of peaceable residents nearby or traveling
upon any street or alley or being lawfully upon any of the public
grounds of the Borough, whereby the public peace is broken or the
traveling public annoyed, shall be guilty of disorderly conduct.
[Amended 8-1-1995 by Ord. No. 513, approved 8-1-1995; 1-7-2008 by Ord. No.
640, approved 1-7-2008]
No person shall, except in necessary defense
of persons or property, use, discharge, fire or otherwise propel any
projectile with enough force which may endanger persons or property
within the Borough of Pen Argyl except under the circumstances listed
below:
A.
The following
weapons are specifically prohibited from being discharged within the
limits of the Borough of Pen Argyl:
(1)
Firearms,
including rifles, shotguns, pistols or any other weapon that is capable
of firing a projectile by use of an explosive charge.
B.
The following
weapons are specifically prohibited from being discharged within the
limits of the Borough of Pen Argyl within 50 yards (150 feet) of an
inhabited dwelling unless the owner and/or adult occupant, if different
from the owner, has consented in writing:
(1)
Air
rifles/pistols, including any weapon that is capable of firing a projectile
by use of compressed or forced air.
(2)
Spring-loaded
gun/pistol, including any weapon that is capable of firing a projectile
with enough force to endanger persons or property by use of a spring
to propel such projectile.
(3)
Bow
and arrow/crossbow.
(4)
Slingshot.
(5)
Any
other weapon that propels a projectile with enough force to endanger
persons or property.
C.
Nothing
in this section shall prohibit the discharge of any prohibited weapons
in the confines of a lawfully approved firing range, archery range,
target range or other facility that has been inspected and approved
by the Pen Argyl Borough Code Official and which has been issued a
certificate of occupancy, so long as said discharge occurs in accordance
with operation of such facility and does not violate any conditions
imposed as a condition of its approval.
D.
Notwithstanding
the provisions of this section, nothing in this section shall be deemed
to prohibit "hunting" as that term is defined under the provisions
of the Pennsylvania Game and Wildlife Code (34 Pa.C.S.A. § 101
et seq.), so long as said hunting is conducted in accordance with
the provisions of the Game and Wildlife Code.
No person or persons shall destroy, injure,
tamper with or deface any public property of the Borough of Pen Argyl
or any streetlight, fire hydrant or water or gas stop box located
on any of the streets, alleys or 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 Pen Argyl, made, placed or set or
hereafter made, placed or set or caused to be done by the Borough
authorities in any survey or in any street, alley or public ground
in the Borough to evidence the elevation, line, grade, location, corner
or angle of any street, alley, sidewalk, curb, gutter, sewer or other
public work, matter or thing.
No person or persons shall willfully or maliciously
destroy, remove, deface, obliterate or cover up any lamp, warning
sign or barricade erected by the authorities of the Borough 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 public
grounds of the Borough, as a warning of danger.
Sections 53-3, 53-4 and 53-5 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 and therein, nor to incidental results of work thereon or therein upon permit from or authority of the Borough.
[Amended 1-26-1956 by Ord. No. 255]
It shall be unlawful for any person or persons
to paste, fasten or attach in any manner any bill, advertisement or
notice of any kind upon any electric or telephone pole erected within
the limits of the Borough of Pen Argyl.
[Added 5-17-1976 by Ord. No. 380, approved 5-17-1976; amended 8-1-1995 by Ord. No.
513, approved 8-1-1995; 8-6-1996 by Ord. No. 522, approved 8-6-1996]
Any person violating any of the provisions of
this chapter shall, upon conviction in a summary proceeding before
a District Magistrate, be sentenced to pay a fine of not more than
$300 and costs of prosecution, with the minimum fine for the first
offense to be $50, the minimum fine for the second offense to be $150
and the minimum fine for the third and each subsequent offense to
be $300, and, in default of payment of such fine and costs, to imprisonment
in the county jail for not more than 30 days.
[Added 5-6-2003 by Ord. No. 588, approved 5-6-2003]
A.
It shall be unlawful for any minor under the age of
18 years to use or possess tobacco, in any form, within the Borough
of Pen Argyl on any Borough-owned property or on any public street,
highway, trafficway, alley or sidewalk.
B.
A violation of this section of the Code shall be a
summary offense, and any person violating this section shall, upon
conviction, be sentenced to pay a fine of not less then $25 and not
more than $300.
C.
ALLEY
HIGHWAY
ROADWAY
SIDEWALK
TOBACCO
TRAFFICWAY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A street or highway intended to provide access to the rear
or side of lots of buildings and not intended for the purpose of through
vehicular traffic.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purpose of vehicular travel. The term includes a roadway
open to the use of the public for vehicular travel on grounds of a
public or private school or public or historical park.
That portion of the highway improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
That portion of a street between curblines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
use by pedestrians.
A lighted or unlighted cigarette, cigar, pipe or other lighted
smoking product and smokeless tobacco in any form.
The entire width between property lines or other boundary
lines of every way or place of which any part is open to the public
for purposes of vehicular travel as a matter of right or custom.
[Added 9-2-2003 by Ord. No. 589, approved 9-2-2003; amended 10-7-2003 by Ord. No.
591, approved 10-7-2003]
A.
This section shall apply to those portions of Weona
Park located south of Route 512 and identified as Northampton County
Tax Parcel E9-1-1 and to those portions of Tax Parcels D9-14-3, D8-8-1
and D8-7-5 that are not designated on the Park Plan as part of the
skate park and alternate use area.
B.
Within the area described in Subsection A above, the riding or operation of bicycles, scooters, roller blades, skateboards or any motorized vehicle shall be prohibited except as follows:
(1)
Motorized vehicles may be ridden into any parking
lot located on said property and parked within the designated areas.
(2)
Bicycles, scooters, roller blades and skateboards
may be ridden or propelled within the skate park and alternate use
area under and pursuant to such rules as may be adopted for the use
of that area. Such vehicles may only be walked or carried by a direct
route to the skate park and alternate use area but may not, under
any circumstances, be operated or ridden enroute to that area.
(3)
With regard to bicycles, scooters, roller blades and
skateboards, said vehicles may be walked (that is, pushed) to such
designated racks as the Borough has provided within the park and secured
there.
C.
Violations of this section shall constitute a summary
offense and shall be punishable by a fine to be no more than $300
and no less than $25.
D.
This section shall not apply to vehicles or bicycles
owned by the Borough, the Borough Parks Department or the Borough
Police Department.
[Added 7-5-2006 by Ord. No. 618]
A.
A curfew is established forbidding all minors under
the age of 18 (excepting those individuals under the age of 18 who
have been emancipated by court order) from being present on any public
street within the Borough of Pen Argyl or being in Weona Park or any
other public place such as sidewalks, alleys and the like, between
the hours of 11:00 p.m. and 6:00 a.m. or to remain in any motor vehicle
parked thereon.
B.
Violations and penalties. Any person violating the
provisions of this section shall be guilty of a summary offense and
shall, upon conviction, be sentenced to pay a fine of $100 for a first
offense, $200 for a second offense and $300 for a third or subsequent
offense, together with costs of prosecution.
