[Ord. 13, 10/3/1955, § 1]
No person or persons shall, at or in any place within the Township,
create, make or engage in any riot or violent assembly.
[Ord. 13, 10/3/1955, § 2]
No person shall discharge any firearm, air rifle or spring gun
of any type whatsoever, except as authorized by state law.
[Ord. 13, 10/3/1955, § 3]
No person shall carry any concealed deadly weapon, except persons
duly authorized by state law.
[Ord. 13, 10/3/1955, § 4]
No person shall sell, use or discharge fireworks, firecrackers,
sparklers or other pyrotechnics in any public or private place except
as authorized by state law.
[Ord. 13, 10/3/1955, § 5]
No person shall conduct, attend or in any manner whatsoever
participate in any exhibition of an indecent or immoral character.
[Ord. 13, 10/3/1955, § 6; as amended by Ord. 44,
1/19/1970, § 1]
No person shall engage in any act or acts of indecency or make
any immodest, immoral, lewd or indecent sign or gesture or indecently
expose his person or expose his body in a naked state in any manner
or engage in any act or acts to entice or inveigle others to make
or engage in similar acts, signs or gestures or to force others to
commit such acts or make such signs or gestures in any public street,
highway or place within the Township.
[Ord. 13, 10/3/1955, § 7]
No person shall operate, maintain, frequent or participate in
the operation or maintenance of any house of prostitution or assignation,
or any gambling house, or any house or building in which unlawful
or disorderly acts occur.
[Ord. 13, 10/3/1955, § 9]
No person shall wrongfully strike another or be engaged in any
fight, affray or be or appear in a drunken or intoxicated condition
in any public street, highway or public place within the Township.
[Ord. 13, 10/3/1955, § 10]
No person shall willfully and unnecessarily obstruct or interfere
with travel upon any foot pavement, sidewalk or public passageway;
nor shall lounge, loiter and loaf thereon or therein or upon any street
corner, public building or bridge, provided that this Ordinance shall
not be construed or restrict peaceful picketing, so long as 1/2 of
the width of the sidewalk is kept clear for the use of other pedestrians.
[Ord. 13, 10/3/1955, § 15]
No person shall deface, disfigure, write upon or in any manner
cause to be placed upon any house or wall or building of any kind
whatsoever or any part thereof or upon fences or road signs any marks,
lines, figures, letters or caricatures of any kind.
[Ord. 13, 10/3/1955, § 16]
No person shall falsely impersonate a police officer or any
other officer belonging to the Police Department of the Township;
nor shall any person, with the intention to deceive, use or imitate
any sign, signal or device thereof; nor shall any person obstruct
or resist any of said officers in the performance of official duty;
nor shall any person, in any manner, aid any prisoner in custody to
escape or to attempt to escape.
[Ord. 13, 10/3/1955, § 19]
No person shall use any drum, loud speaker or other instrument
or device for the purpose of attracting attention by the creation
of noise to any place of business or amusement. The use of any such
device outside of or near an open door or window of any such place
shall be presumed to be for such purpose.
[Ord. 13, 10/3/1955, § 20]
No person shall play any radio, phonograph or musical instrument
in such a manner or with such volume as to annoy or disturb the quiet
comfort or repose of any person in the vicinity.
[Ord. 13, 10/3/1955, § 25; as amended by Ord. 44,
1/19/1970, § 3]
No person shall willfully make or cause to be made any loud,
boisterous or unseemly noise or disturbance, or commit any act or
acts tending to imperil the personal security or endanger the property
of citizens, or which create(s) a breach of the peace, to the annoyance
of the peaceable residents or other bystanders nearby, near, to or
upon any of the sidewalks or thoroughfares within the Township, whereby
the public peace is broken or disturbed or the residents or bystanders
are annoyed. Such conduct shall include, but shall not be limited
to, the following acts: loafing, fighting, drunkenness, vagrancy,
begging, the making of unnecessary noises, profanity or indecent language,
which acts are hereby declared to be unlawful under this section.
[Ord. 13, 10/3/1955, § 26; as amended by Ord. 44,
1/19/1970, § 4]
No person shall interfere with or cause an interference with
an officer in the lawful performance of his duty, nor hinder said
officer in any way from so doing. In this regard, a person shall not
unlawfully assault an officer in any manner whatsoever, nor resist
said officer when placed under arrest by said officer while in the
lawful performance of his duty.
[Ord. 13, 10/3/1955, § 28; as amended by Ord. 44,
1/19/1970, § 2]
Any person or persons violating any of the provisions of this
Ordinance, or neglecting to comply with any order or notice issued
pursuant to a violation of any section hereof, shall, upon conviction
before any Alderman or Justice of the Peace, be sentenced to pay a
fine not exceeding $600 for each offense with costs to be recovered
in the name of the Township of Lower Heidelberg, Berks County, Pennsylvania,
and if the amount of said judgment and costs shall not be paid, said
person or persons shall suffer imprisonment in the Berks County Prison
not exceeding 30 days.
[Ord. 13, 10/3/1955, § 29; as amended by Ord. 44,
1/19/1970, § 2]
The word person used in this Ordinance shall in all cases include
any individual or individuals, partnership, association or corporation,
singular or plural, including the responsible officers of any such
association or corporation.
[Ord. 13, 10/3/1955, § 30; as amended by Ord. 44,
1/19/1970, § 2]
The provisions of this Ordinance shall be severable, and if
any of its provisions shall be held to be unconstitutional, invalid
or beyond the power of the Township of Lower Heidelberg to prohibit
the decision so holding, said provision or provisions shall not be
construed to affect the validity of any of the remaining portions
of this Ordinance. It is hereby declared as the intent of the Supervisors
of the Township of Lower Heidelberg that this Ordinance would have
been adopted had such unconstitutional, invalid or unauthorized provision
or provisions not been included therein.
[Ord. 82, 12/21/1981, § 1]
It shall be unlawful for any unmarried person 17 years of age
or younger, hereinafter referred to and defined for this Ordinance
as a "minor", to be or remain in or upon any of the streets, alleys,
parks or public places in the Township of Lower Heidelberg, Berks
County, Pennsylvania, hereinafter called the "Township", between the
hours of 10:00 p.m. and 6:00 a.m. of the following day, official prevailing
time, unless accompanied by his or her parent, guardian or person
having lawful custody or control of his or her person, or unless said
minor is returning directly to the home of his or her parent, guardian
or person having lawful custody or control of his or her person after
an event or activity which ended between the limiting hours, or unless
there exists a reasonable necessity therefor. The fact that a minor,
unaccompanied as aforesaid, is found in any of the aforesaid places
within the Township during said time period shall be prima facie evidence
that said minor is there unlawfully and that no reasonable necessity
or compelling reason therefor exists.
[Ord. 82, 12/21/1981, § 2]
It shall be unlawful for any parent, guardian or person having
lawful custody or control of any minor of the age above designated,
to allow or permit such minor to violate the provisions of Section
201 of this Chapter.
[Ord. 82, 12/21/1981, § 3; as amended by Ord. 268,
8/20/2007, § 1]
If any minor is suspected of violating Section 201 of this Ordinance he or she may be taken into custody by the Township police who shall have the discretion to deliver said minor if said minor is a Township resident or resides in an adjacent municipality to the Township (1) to his or her parents, guardian or person having lawful custody or control of said minor or (2) deliver said minor to the Olivet Boys and Girls Club Curfew Center located on 325 Walnut Street, City of Reading, Berks County, Pennsylvania. The police officer of the Township in taking minors into custody under this Part 2 of Chapter 7 shall use his discretion in determining age, and in doubtful cases may require positive proof of age of a presumed minor and until, such proof is furnished that said individual is over 17 years of age, the officer's judgment shall prevail.
[Ord. 82, 12/21/1981, § 4]
Any person violating the provisions of Section 201 or Section
202 of this chapter shall upon conviction be fined not more than $600
and not less than $10, and upon default in payment of the fine and
costs shall be imprisoned in the Berks County Prison for not more
than five days.
[Ord. 82, 12/21/1981, § 5]
The Chief of Police of the Township shall keep a record of all
violations of this Ordinance in a bound book kept for this purpose.
If any minor or his or her parents, guardian or person having lawful
custody or control violate the Ordinance three or more times as the
result of separate occurrences, the Township police may institute
appropriate proceedings with respect to said minor in the Juvenile
Court of Berks County, Pennsylvania.
[Ord. 82, 12/21/1981, § 7]
If any section, clause, sentence or part of this Ordinance is
for any reason judicially determined to be unconstitutional, illegal
or invalid, such determination shall not affect or impair any of the
remaining sections, clauses, sentences or parts hereof; and it is
hereby declared to be the intent of the Supervisors of the Township
of Lower Heidelberg that this Ordinance would have been adopted even
if such unconstitutional, illegal or invalid portion/s had not been
included herein.
