[HISTORY: Adopted by the Borough Council of the Borough of Summit Hill 6-3-1996 by Ord. No. 1-1996. Amendments noted where applicable.]
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.
A. 
After the effective date of this chapter, it shall be unlawful to:
(1) 
Drive, park, operate or move any truck, auto or other motor vehicle or part thereof within the Borough limits of Summit Hill, unless such a vehicle is so constructed or loaded so as to prevent any litter, refuse, trash, garbage or other hauled items from being blown or deposited upon any street or other public place;
(2) 
Drive, park, operate or move any truck, auto, construction vehicle or motor vehicle or part thereof within the Borough, the wheels, tires or tracks of which shall carry onto or deposit, on any road, street or other public place, mud, dirt or any other substance or matter;
(3) 
Sweep, place or deposit in any gutter, street, roadway or other public place within the Borough any litter, refuse, trash, garbage or other disposed item from any building or lot or from any public or private sidewalk or driveway unless otherwise authorized by law. Any person owning or occupying property shall keep the sidewalks in front of their premises free of litter; or
(4) 
Throw, place or deposit any litter, refuse, trash, garbage or other disposed item, on any private property within the Borough, whether owned such person or not.
B. 
The owner or person in control of any private property shall at all times maintain the premises free from litter, refuse, trash, garbage or other disposed items. This section does not prohibit the storage of litter in authorized private receptacles for collection purposes.
[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.