[HISTORY: Adopted by the Borough Council of the Borough of
Derry 11-12-2007 by Ord. No. 719. Amendments noted where applicable.]
This chapter is to protect the public health, safety, and general
welfare of people and property within of the Borough of Derry, by
regulating and prohibiting disorderly conduct and other specified
actions in the Borough and to prescribe penalties for violation of
this chapter.
A person is guilty of disorderly conduct when, with the intent
to cause public inconvenience, annoyance or alarm, or to breach the
public peace, or recklessly creating a risk thereof, he/she, in a
public place:
A.
Engages in fighting or threats of fighting, or in violent or tumultuous
behavior; or
B.
Engages in offensive, obscene, abusive, boisterous, or noisy conduct
or in offensive, obscene, or abusive language tending reasonably to
arouse alarm, anger, or resentment in others; or
C.
Plays his/her music from any car, house or music player so as to
create a disturbance to the neighbors or community members. Cultural
music is exempt from the provisions of this chapter if such music
is played during a cultural gathering; or
D.
Creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose; or
E.
Appears in a place manifestly under the influence of alcohol and/or
drugs to the degree that he may endanger himself or other persons
or property; or
F.
Intentionally or recklessly obstructs any highway, street, sidewalk
or other public passageway, either alone or with other persons; except
that no person shall be guilty of an offense under this subsection
solely because of a gathering of persons to hear him speak or otherwise
communicate, or solely because of being a member of such gathering;
or
G.
Is in possession of any opened container of alcoholic beverages and/or
drug paraphernalia or consumes alcoholic beverages or uses illegal
substances in such public places; or
H.
Consumes alcoholic beverages or uses illegal drugs of any kind or
is in possession of any opened contained of alcoholic beverages or
illegal drugs of any kind in the parks, public parking lots or on
the streets, alleys, sidewalks or other public right-of-way within
the Borough; or
I.
Who travels along any public street, alley, right-of-way or ground
of the Borough with an opened container of alcoholic beverages and/or
illegal drugs of any kind, either within a motor vehicles or otherwise;
or
J.
Who discharges or fires any rifle, handgun, shotgun, weapon or other
firearm, or who sets off any explosive device within the Borough of
Derry, except within any target range, pistol range, or other facility
designed for such purpose and approved by the Borough for same; or
K.
Creates a disturbance, while hosting or attending a party, so as
to disrupt the peacefulness of the neighborhood or community through
loud noises and/or fights or other obnoxious behavior; or
L.
Disturbs a lawful meeting; or
M.
Blocks vehicular or pedestrian traffic; or
N.
Prevents the free ingress or egress to public or private places.
A person is loitering or prowling if they maliciously loiter
or maliciously prowl around a dwelling house or any other place used
in whole or in part for living or dwelling purposes, belonging to
or occupied by another, and without the consent of the owner or occupant
thereof. A person is also loitering or prowling if they maliciously
loiter or prowl around on a public street or right-of-way or any other
place used for commercial or other business purposes without the consent
of the owner or occupant thereof, or loiters or prowls on such commercial
or business premises with no apparent purpose associated with such
business, or loiters or prowls on such commercial or business premises,
or in any public right-of-way adjoining same, after such business
or commercial enterprise is closed.
As used in this chapter, the following words shall have those
meanings as set forth below:
For the purpose of applying the contemporary community standards
herein, "community" means the Commonwealth of Pennsylvania.
To stand around or move slowly about, to spend time idly,
to saunter, to delay, to linger, to lag behind.
With the intent to commit a crime or offense, or with the
intent to injure or otherwise invade the privacy, person or property
of another.
Any language or conduct, if:
The average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interests;
The subject matter depicts or describes in a patently offensive
way sexual conduct of a type defined below herein; and
The subject matter, taken as a whole, lacks serious literary,
artistic, political, educational or scientific value.
To roam or wander over in a stealthy manner, to pace or roam
furtively.
A place where the general public has access, including but
not limited to sidewalks, streets, highways, transport facilities,
vehicles used for public transportation, schools, prisons, apartment
houses, hotels, motels, inns or lodges, places of business, worship
or entertainment, cinemas, restaurants or dining facilities, or any
other premises open to the general public.
Patently offensive representations or depictions of ultimate
sexual acts, normal or perverted, actual or simulated, including sexual
intercourse, anal or oral sodomy and sexual bestiality; and patently
offensive representations or descriptions of masturbation, excretory
functions, sadomasochistic abuse and lewd exhibition of the genitals.
Any person charged with the offense of disorderly conduct and/or
loitering and/or prowling under the provisions of this chapter shall,
upon conviction, be guilty of a summary offense and be sentenced to
pay the costs of prosecution end to pay a fine of not more than $1,000.
In default of the payment thereof, such person shall be sentenced
to a period of incarceration for a maximum of 30 days.
Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be void, invalid or unenforceable
for any reason whatsoever, the remaining provisions of this chapter
shall remain in full force and effect. Nothing in this chapter shall
be construed to alter, amend, or abridge any of the provisions of
the Constitution of the United States or of this commonwealth, or
any law or regulation of the United States or this commonwealth, or
any Act of the Assembly heretofore or hereafter adopted.
Whenever used in this chapter, the singular shall include the
plural, and the use of any gender shall be applicable to all genders.
