[HISTORY: Adopted by the Mayor and Council of the Township of Berlin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 79.
Curfew — See Ch. 137.
Firearms and weapons — See Ch. 161.
[Adopted 6-2-1976 by Ord. No. 76:6; amended in its entirety 1-14-1985 by Ord. No. 31-1984 (Ch. 81 of the 1976 Code)]
No person shall within the limits of the Township of Berlin loiter on any street, road, avenue, highway, or other public place of the Township or in or about any public building, schoolhouse, place of business, theatre, place of amusement or parking lot.
As used in this article, the following terms shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location and shall include the concepts of spending time idly, loafing, standing or walking about aimlessly and shall also include the colloquial expressions "hanging out" or "hanging around."
No person shall loiter in the above-listed places in such manner if his conduct:
A. 
Is intended to provoke a breach of the peace or is such that a breach of the peace may be occasioned.
B. 
Is such as to annoy, disturb, interfere with, obstruct or be offensive to others. This shall include the making of unsolicited remarks of a loud, offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing they are made.
C. 
Warrants alarm for the safety of persons or property in the vicinity.
D. 
Creates or causes to be created any disturbance or annoyance to the comfort or repose of any person that would cause such person to react in such a way that could threaten the peace and order of the public.
E. 
Obstruct the passage of pedestrians or vehicles.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any of the places listed hereinabove is causing or is likely to cause any of the conditions indicated in § 235-3, he may, if he deems it necessary for the preservation of public peace and safety, order that person or persons to leave that place. Any person or persons who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this article.
[Adopted 6-2-1976 by Ord. No. 76:6 (Ch. 87, Art. I, of the 1976 Code)]
As used in this article, the following terms shall have the meanings indicated:
PERSON
Whenever appropriate in connection with the context, includes a corporation, partnership, association and individual, and shall include the plural. The masculine pronoun shall include the feminine.
A. 
No person, within the limits of the Township of Berlin, shall:
(1) 
Be disorderly in any public omnibus, street, highway or thoroughfare or on any public sidewalk or in any store, restaurant, park or other public or quasi-public place or conveyance to the annoyance of any person.
[Amended 4-27-2009 by Ord. No. 2009-4]
(2) 
Keep or harbor any dog which shall disturb the neighborhood by excessive barking, whining or howling.
(3) 
Throw or discard any tin cans, bottles, garbage, debris, junk or refuse of any kind whatsoever into the waters of any spring, pond, stream, lake, river or any other body of water, or upon any public street or public place, or discharge any sewage or waste into said waters or places or any of them or pollute the said waters in any manner; or so place any of said articles that the acts prohibited above shall result therefrom.
(4) 
Place or cause to be placed any obstruction of any kind whatsoever in any stream, pond, spring or lake so as to interfere with the natural flow or change the course thereof in any manner whatsoever without first obtaining the necessary permit so to do.
(5) 
Throw or cause to be thrown or placed any paper or posters, stones, sticks, glass, metal or any hard, dangerous or offensive substance upon any sidewalk, street, highway or public or private place, or at any car, vehicle, house, building, fence or person.
(6) 
Drive any vehicle over the public streets so loaded, driven or constructed that the contents or portions thereof shall spill, leak, fall or blow therefrom onto public or private property or streets.
(7) 
Attempt, make, aid, countenance or assist in making any improper noise, riot, disturbance or breach of the peace in or upon any of the streets, highways, sidewalks, public places or anywhere else in the Township of Berlin: or collect in bodies or crowds for idle or unlawful purposes to the annoyance or disturbance of anyone within the Township.
(8) 
Appear on any street, road, avenue, park or other public place in a state of nudity, make any indecent exposure of his or her person or commit or do any lewd or indecent act or behave in a lewd or indecent manner.
(9) 
Disrobe in any automobile, truck or vehicle while the same is upon any parking place, street, road, avenue, park or other public place.
(10) 
Sell or offer to sell any indecent picture, book or thing or exhibit or perform any indecent, immoral or lewd play or other representation.
(11) 
Keep or maintain a disorderly house or a house of ill fame or allow or permit any house, shop, store or other building or structure owned or occupied by him or her to be used as a disorderly house or house of ill fame.
(12) 
Solicit, invite or in any manner suggest by word of mouth or any writing or other communication or by any device whatsoever any lewd, lascivious or other immoral act.
(13) 
Utter any loud and offensive or indecent language or make offensive remarks to any person or persons while being upon or about any sidewalk, street, road or other public or private place or obstruct or interfere with any person or persons lawfully being upon any of the same.
(14) 
Permit any house, shop, store or other building or structure owned or occupied by him or her to be frequented or resorted to by noisy, riotous or disorderly persons or by prostitutes, gamblers or vagrants.
(15) 
Maliciously or intentionally destroy, damage or injure any property, public or private.
(16) 
Cause or permit to be emitted any vile, offensive, obnoxious or nauseating odor.
(17) 
Carry, without lawful authority, any air gun, revolver, pistol or other firearm, or other instrument of the kind known as a blackjack, slingshot, blowgun or similar device, billy, sand club, sandbag, bludgeon, metal knuckles, dagger, dirk, dangerous knife, stiletto, bomb or other high explosive concealed in or about his or her clothes or person or in any portable vehicle, carriage, motorcycle or other vehicle.
(18) 
Have upon his or her person or in his or her possession any picklock, key, crow, jack, bit or other implement with any intent to break and enter into any building.
(19) 
Enter any building or any public or private lands and without lawful authority break, injure or deface such building or any part thereof or the fences, outhouses or other property belonging to or connected with such building or lands.
(20) 
Hinder or obstruct any Township officer or employee or the officer or employee of any agency, department, board, commission, authority or other instrumentality of this municipality in the performance of his duties, or resist or obstruct any officer or person authorized by law in serving or attempting to serve any writ, bill, order or process or when making any arrest.
(21) 
Hinder, prevent or deter in any manner or by any device whatsoever any fireman or other person from rendering lawful assistance in abating or quelling a fire or hinder or interfere with any fireman going to or returning from any fire or place from which a fire alarm proceeds, or hinder or obstruct any fire engine, hook-and-ladder truck, hose cart or other fire apparatus going to or from any place from which a fire alarm proceeds or where any building or property may be burning.
(22) 
Hinder, obstruct, prevent or deter, in any manner or by any device whatsoever, any ambulance or emergency squad member or other person from rendering lawful assistance at any accident, disaster or other emergency or any ambulance or emergency squad equipment while going to or from or attending at an accident, disaster or other emergency.
(23) 
Willfully and maliciously ring or sound or cause to be rung or sounded any bell, siren or other alarm of any fire, ambulance or emergency company or squad and thereby, or by any other means, give or cause to be given a false alarm of fire or emergency.
(24) 
Enter upon or trespass upon the land or property of any person without lawful permission to do so.
(25) 
Leave or threaten to leave his or her minor child, children or other lawful dependent to be maintained by the Township or to become chargeable thereto.
(26) 
Pretend to use or have any skill in physiognomy, palmistry or like crafty science, or pretend to tell destinies or fortunes for pay or other reward.
(27) 
Remove, interfere with or disturb any lantern, warning signal, obstruction or barricade lawfully placed in or across any public street or alley by the public authority or its contractors, agents, servants or employees.
(28) 
Obstruct unnecessarily any sidewalk, street or public place with any kind of wood, lumber, crate, stone, dirt, vehicle or other thing.
(29) 
Destroy, shut off, tap, alter, change, obstruct or interfere in any way with the Township of Berlin water or sewer lines, meters or other devices connected thereto on any public or private property.
(30) 
No person shall consume alcoholic beverages, and no person shall possess unsealed containers of alcoholic beverages:
[Added 11-9-1981 by Ord. No. 81:15]
(a) 
While in or on a public street, lane, sidewalk, public or quasi-public place or in any public conveyance; or
(b) 
In a private motor vehicle while the same is in motion or parked in any public street, lane, or public parking lot; or
(c) 
While upon any private property not his own without the express permission of the owner or other person having authority to grant such permission.
(31) 
Littering of any sidewalk, street, highway or public or private place is prohibited. Litter receptacles shall be required at the following public places:
[Added 6-27-1988 by Ord. No. 17-1988]
(a) 
Sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter (1/4) mile without a receptacle;
(b) 
Buildings held out for use by the public, including schools, government buildings, and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots, campgrounds and trailer parks; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization and disposal is available.
(32) 
The discarding or dumping of any household or commercial solid waste in any place not specifically designated for the purpose of solid waste storage or disposal is prohibited.
[Added 6-27-1988 by Ord. No. 17-1988]
(33) 
The storage of any bulk household items such as appliances, furniture or mattresses in areas zoned residential is prohibited, except where such storage is in a fully enclosed structure.
[Added 6-27-1988 by Ord. No. 17-1988]
(34) 
The storage of tires in areas zoned residential is prohibited, except in a fully enclosed structure.
[Added 6-27-1988 by Ord. No. 17-1988]
(35) 
The accumulation of debris on or around construction sites, or its storage in such a manner that it is likely to be removed or carried by natural forces onto adjoining properties is prohibited.
[Added 6-27-1988 by Ord. No. 17-1988]
(36) 
Open or overflowing residential, commercial or industrial waste disposal bins are prohibited.
[Added 6-27-1988 by Ord. No. 17-1988]
(37) 
Every owner, lessee, tenant, occupant or person in charge of any building or structure shall be required to keep and cause to be kept the sidewalk and curb abutting said building or structure free from obstruction and nuisances of every kind, and to keep said sidewalks, areaways, back yards, courts and alleys free from litter and other offensive material.
[Added 6-27-1988 by Ord. No. 17-1988]
(38) 
No person shall sweep into or deposit in any gutter, street catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway and any such sweepings shall be collected and properly containerized for disposal.
[Added 6-27-1988 by Ord. No. 17-1988]
(39) 
The covering of vehicles is required to prevent loads in said vehicles from dropping, leaking or otherwise escaping onto the sidewalk, street, highway or any other public or private place.
[Added 6-27-1988 by Ord. No. 17-1988]
B. 
All other riotous, indecent or disorderly conduct, breach of the peace and vagrancy not hereinabove specifically mentioned are hereby prohibited.
[Added 11-11-1996 by Ord. No. 1996-34]
No person in a public park, playground or recreation area shall:
A. 
Remove, deface, vandalize, damage or destroy any park, playground or recreation equipment.
B. 
Damage, cut, transplant or remove any trees or plants or dig or otherwise disturb any grass areas or playing fields or in any other way damage or injure the usefulness of any park, playground or recreation area.
C. 
Use a park, playground or recreation area or recreation equipment other than for the type of activity intended (i.e., tennis courts for tennis playing or tennis-type games only).
D. 
Drive any motor vehicle, motorcycle, dirt bike or other similar mechanical vehicle on any area of a park, playground or recreation area, except the paved, stoned or gravel park roads or parking areas for such areas as may be designated for such use.
[Added 11-11-1996 by Ord. No. 1996-34]
Any minor under the age of 17 who is apprehended and charged and subsequently found to be in violation of § 235-7 hereinabove shall also be prima facie evidence of a violation of § 235-7 on the part of the parent or legal guardian having custody or care of said minor. In such case, the parent or legal guardian having custody and care of said minor shall be subject to the penalty of being required to reimburse the Township of Berlin the cost of repairing and/or remedying the damage to the park, playground, recreation area and/or recreation equipment upon being so charged and after a finding of liability by the Township of Berlin Municipal Court following a hearing on issue of liability and the amount of repair costs.
[Amended 11-11-1996 by Ord. No. 1996-34]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a term not to exceed 90 days, or both, in the discretion of the court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.