Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Chichester as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Possession and consumption of alcoholic beverages — See Ch. 155, Art. I.
Disorderly conduct — See Ch. 256.
Drug paraphernalia — See Ch. 269.
Loitering — See Ch. 374.
Property maintenance — See Ch. 429.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this article, the following terms shall have the meanings indicated:
DISORDERLY HOUSE
Any house, room or premises where frequent request for police services for noise, assaults, batteries, drinking of intoxicating beverages, illegal drug usage and/or sale, loitering, gaming, or other misbehavior can be documented.
FREQUENT REQUEST FOR POLICE SERVICE
More than three responses to the same address in the preceding six-month period.
It shall be unlawful for any property owner, lessee or tenant to maintain, keep, lease or allow a disorderly house, room or other premises in the Township of Upper Chichester.
Any such disorderly house, room or other premises that shall be disruptive to the peace and well-being of the surroundings and greater community is declared to be a public nuisance by either the police or the Township Manager or the Township Code Enforcement Officer.
After the third and final incident as defined above, the officer in charge of the Police Department, or his or her designee, and/or the Township Manager and/or the Township Code Enforcement Officer shall, within five days, notify the property owner in writing by either certified mail, return receipt requested, posting or personal service of the Township's intent to initiate charges with the District Court, and further, to allow said property owner and/or resident an additional five-day period, commencing on the date of service, to notify the Police Department representative and/or Township Manager and/or Township Code Enforcement Officer, in writing, of said property resident/owner's desire to meet with the Police Department representative and/or Township Manager and/or Township Code Enforcement Officer in an attempt to rectify the condition to be cited. Upon timely receipt of such notification, the Police Department representative and/or Township Manager and/or Township Code Enforcement Officer shall meet with the property owner within five days and attempt to reach an agreement. Should the parties not be able to reach an agreement, the Police Department representative and/or Township Manager and/or Township Code Official will proceed with the citation before District Court.
A. 
Any person, legal entity, property owner, lessee or tenant, including but not limited to the keeper of all parties connected with the maintenance of the disorderly house, and all parties patronizing or frequenting same, who are found guilty under the provisions of this article, shall be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, shall be subject to imprisonment for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.
B. 
Upon conviction under the terms of this article, the Township may revoke the occupancy certificate of any house or premises found to be a disorderly house.
After the third and final incident, any property owner, lessee or tenant who maintains, keeps, leases or allows a disorderly house shall also be liable for the costs of police and administrative services and shall reimburse the Township for such costs pursuant to the Township's ordinance and resolution requiring reimbursement and setting the amounts of same. Said property owner, lessee or tenant shall not only be liable for the third and final incident but shall also be liable for the first and second incidents and the costs associated with all three incidents.