The purpose of this chapter is to provide for the health and
welfare of the citizens of the Borough of Summit Hill by providing
for and maintaining peace and good order throughout the Borough of
Summit Hill by enacting regulations against activities such as loitering,
disorderly conduct and littering.
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
AUDIO EQUIPMENT
Any device or equipment, including but not necessarily limited
to musical instruments, radios, televisions, phonographs, compact
disc players, tape players, boom boxes or other devices capable of
playing and/or producing music or amplified sound.
BOROUGH OFFICIAL
Appointed, elected or hired persons of the Borough of Summit
Hill, including but not limited to Mayor, Council Members, police
officers, volunteer firefighters, fire police, Borough employees,
officers appointed/elected/hired to enforce any codes or regulations
of the Borough of Summit Hill.
LOITERING
Remaining idle essentially in one location by either standing
or walking aimlessly in one vicinity or area without purpose either
alone or in consort with others.
PROWLING
To rove, roam, pace or wander in or about a public or private
area in a time or manner inconsistent with the actions of a law-abiding
citizen under circumstances which would warrant alarm.
PUBLIC PLACE
Any place to which the public has access, including but not
necessarily limited to public parks, streets, sidewalks or athletic
fields, or in front or immediately adjacent to any school, parking
lot, store, restaurant, tavern, apartment building or other public
area or place of business.
After the effective date of the chapter, it shall be unlawful
to:
A. Loiter in or upon any public street, sidewalk or other public place
or building which fronts or is adjacent to any building within the
Borough in which notice against loitering has specifically been given
by the owner or occupant of said building by posting the same in an
conspicuous manner thereon;
B. Return and/or commence again to loiter or refuse to cease loitering
in a public place in such a manner so as to obstruct public sidewalks,
streets, walkways, parks or other public places after reasonable warning
to cease, desist and/or leave the area by the police or other authorized
individuals;
C. Loiter and create or cause to be created a danger of a breach of
the peace;
D. Loiter and create or cause to be created any annoyance to any person
or persons;
E. Loiter and obstruct or attempts to obstruct the free passage of pedestrians
or vehicles; or
F. Loiter and, by his or her actions, obstruct, molest or interfere with any person lawfully in any public place as defined in §
333-2 of this chapter. This shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.
After the effective date of the chapter, it shall be unlawful
to:
A. Make any loud, boisterous or unnecessary noise causing an unreasonable
annoyance to the general public;
B. Use profanity or any other indecent language which causes a disturbance
of the peace and good order of the Borough of Summit Hill;
C. Cause or attempt to cause vandalism or malicious mischief which does
or may result in the destruction to private or public property, or
which would cause any danger or discomfort or annoyance to the inhabitants
of the Borough or to the traveling public on a public street or highway
within the Borough limits;
D. Fight, beg or be a vagrant within the Borough limits;
E. Throw or other project in any manner of any stone, brick, bottle,
snowball or other object or missile at any person, vehicle or public
or private building; or
F. Play or permit the playing or operation of any audio instrument as defined in §
333-2 of this chapter in such a manner or with such volume that it either may or does annoy or disturb the quiet, comfort, or repose of any person in the vicinity. Instruments or devices used in violation of this section in a public place shall be impounded by the police and maintained as evidence.
After the effective date of this chapter, it shall be unlawful
to:
A. Drive a motor vehicle on any highway, trafficway, roadway or parking
lot within the Borough of Summit Hill in a reckless or careless manner
which endangers or may endanger the safety and convenience of persons
using such areas;
B. Knowingly or intentionally squeal the tires of a motor vehicle, or
intentionally skid or suddenly accelerate a motor vehicle and leave
either a skid or acceleration mark on a public roadway, or intentionally
increase the engine speed causing excessive noise for no legitimate
purpose;
C. Drive or operate a motor vehicle on the property of another without
express consent of the property owner or owners;
D. Drive or operate a motor vehicle in which there is being played or
operated any audio equipment in such a manner or with such volume
that it either may or does annoy or disturb the quiet, comfort or
repose of any such person in the vicinity; or
E. Permit or allow the use of the motor vehicle horn, siren or other
device not in accordance with Pennsylvania traffic laws.
After the effective date of this chapter, it shall be unlawful
to:
A. Willfully or intentionally obstruct or interfere with any Borough
official while engaged in the lawful performance of his or her duties;
B. Assault, strike, harass or fight with any Borough official while
engaged in the lawful performance of his or her duties; or
C. Interfere with, resist, delay, obstruct, molest or threaten to molest,
assault, strike or harass any Borough official while engaged in the
lawful performance of his or her duties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Carbon County.