City of Sunbury, PA Peace and Good Order

Editor's Note: Former Subsection A, Disorderly conduct, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(Reserved)[2]

Editor's Note: Former Subsection B, Harassment, as amended 3-24-2003, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(Reserved)[3]

Editor's Note: Former Subsection C, Fighting, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Vagrancy. No person in the City shall have the status or condition of a "vagrant." The following persons shall be deemed vagrants:

No lawful means of support. Any person having no lawful means of support realized solely from lawful occupations or sources; or any person who lives idly and without visible means of support.

Any person found idling, lingering, standing, strolling in, near or upon any public area or privately owned property or commercial establishment which is posted in a manner prohibiting such loitering shall be guilty of loitering, a summary offense.

[Amended 11-27-2000]

Burglars; tools. Any person upon whose person or in whose possession shall be found any instrument, tool or other implement for picking locks or pockets, or any implement that is usually employed or that reasonably may be inferred to have been designed to be employed in the commission of any felony, misdemeanor or the violation of any ordinance, and who shall fail to account satisfactorily for the possession of the same.

Unlawful occupancy. Any person occupying, lodging or sleeping in any vacant or unoccupied barn, garage, shed, shop or other building or structure, in any vacant lot or in any automobile, truck, railroad car or other vehicle, without owning the same or without permission of the owner or person entitled to the possession of the same.

Begging. Any person wandering abroad and begging; or any person who goes about from door to door of private homes or commercial and business establishments, or places himself in or upon any public way or public place to beg or receive alms for himself.[4]

Editor's Note: Former Subsection D(6), Abroad at unusual hours; (7), Illegal association; (8), Illegal employment; (9), Fraudulent schemes; (10), Concealing stolen property; and (11), regarding vagrants, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Unlawful to disturb religious worship. No person in the City shall disquiet or disturb any congregation or assembly for religious worship by making a noise or by rude or indecent behavior or profane discourse, within their place of worship or so near the same as to disturb the order or solemnity of the meeting.

It is hereby declared to be a nuisance and illegal for any person to drink in a public place in the City of Sunbury, and such conduct is hereby prohibited. For purposes of this subsection, "drinking" means consuming or holding an open or partly consumed container of alcoholic beverage of any nature or having in one's possession an open or partly consumed container of alcoholic beverage of any nature. For purposes of this subsection, "public place" means any place to which the public has access and includes all streets, highways, roads, alleys, sidewalks and parks and parking lots as well as vacant private property not owned by or under the control of the person charged with violating this Subsection F, and all other public areas. It also includes the front or the neighborhood of any store, shop, restaurant, theater, tavern or other places of business. This subsection shall not apply to drinking of alcoholic beverages by an owner of private property and/or his guests upon such private property, nor to drinking of alcoholic beverages by guests or patrons on the premises of an establishment holding a valid liquor license issued by the Pennsylvania Liquor Control Board.

[Added 3-14-1983 by Ord. No. 1048]

Notwithstanding the foregoing Subsection F, the City Council shall have the authority by resolution to permit open containers of alcohol on public property. This special exception shall be limited to social events conducted by a nonprofit organization which has full authority to conduct the event as authorized by the Pennsylvania Liquor Control Board. In addition, there shall be a showing of acceptable insurance and other documents as required by the City for protection of the interests of the City.

[Added 8-14-2006]

§ 121-4 Offenses against public safety.

[Amended 8-10-2020]

Weapons.

Concealed weapons. No person in the City shall carry concealed about his or her person any dangerous or deadly weapon, including, but not by way of limitation, any pistol or revolver (absent a concealed carry permit issued by the Commonwealth of Pennsylvania or another U.S. state having reciprocity with the Commonwealth of Pennsylvania), rifle, shotgun, cross-knuckles of lead, brass or other metal, saps, or any knife with a switchblade or device whereby the blade or blades can be opened by a flick of a button, pressure on the handle or other mechanical contrivance.

Sale of switchblade knives prohibited. No person in the City shall sell, offer for sale or display any knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle or other mechanical devices. Such knife is hereby declared to be a dangerous or deadly weapon within the meaning of this chapter and shall be subject to forfeiture to the City as herein provided.

Possession of dangerous or deadly weapons. Nothing herein contained shall be construed to prevent the carrying of any type of gun for any other lawful purpose; and provided that the foregoing prohibition shall not be construed to forbid sheriffs and their deputies, constables, municipal or state police officers, United States Marshals or any other law enforcement officers from carrying or wearing such weapons as shall be necessary in the proper discharge of their duties.

Sales to intoxicated persons and minors. No person in the City shall sell, loan or furnish any weapon in which any explosive substance can be used to any person under the influence of alcohol or any narcotic drug, stimulant or depressant, to any person in a condition of agitation and excitability or to a minor under the age of 18 years (except when and where specifically allowed by law).

Forfeiture of weapons. Every person convicted of a violation of this subsection shall forfeit to the City such dangerous or deadly weapon.

Disposition of confiscated weapons. Every Sunbury police officer, upon making any arrest and taking a weapon used in violation of this chapter, shall deliver the same to the Chief of Police, or his agent or designee, to be held by same until the final determination of the prosecution for said offense, and upon the finding of guilt, the Chief of Police, or his agent or designee, shall make disposition of the weapon through public sale, destroying the same, or any other lawful purpose. Further, all confiscated weapons in the possession of the Chief of Police for a period exceeding two years after finalization of any criminal prosecution or civil requirement (i.e., protection from abuse orders) may be disposed of in the aforementioned fashions.

Report of treatment of wounds. Every physician or surgeon duly admitted to the practice of medicine in the State of Pennsylvania, whenever he or she shall treat any person in the City for a wound inflicted by a dangerous or deadly weapon of any kind, shall notify the City police force within one hour of the time when he renders such professional service or is called upon to render the same.

Throwing of missiles. No person in the City shall throw any stone, snowball or other missile upon or at any vehicle or building absent express permission to do so.

Bonfires. No person in the City shall make or assist in making any bonfire in or upon any private or public street or place within the City without the permission of the Chief of Police. For the purposes of this chapter, a "bonfire" shall be defined as a fire in excess of five square feet in diameter.

False alarm of fire or need for police or ambulance assistance. No person in the City shall make intentionally, turn in or give a false alarm of fire or of need for police or ambulance assistance, or aid or abet in the commission of such act.

§ 121-5 Offenses against property.

Against public and private property.

Injury or removal. No person in the City shall willfully, maliciously or wantonly injure, deface, destroy or remove real property or improvements thereto, or movable or personal property, belonging to the City or to any person in the City.

Scattering rubbish. No person in the City shall throw or permit to be deposited or scattered upon any sidewalk, alley, street, bridge or public passageway, or upon any private property, any paper, waste, trash, refuse or other material of a like kind.[1]

Editor's Note: Original Section 5a(3), which immediately followed this Subsection A(2) and which restricted the posting of notices, was repealed 2-14-1977 by Ord. No. 958. See Ch. 99, Handbills and Littering, for current regulations on this subject.

Against public property.

Tampering. No person in the City shall tamper with, injure, deface, destroy or remove any sign, notice, marker, fire alarm box, fireplug, topographical survey monument or other personal property erected or placed by the City.

Obstructing passageways. No person in the City shall place or erect upon the public way or passageway to any building an obstruction of any type, provided that this prohibition shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the purpose of safeguarding the public.

Removal of earth. No person in the City shall move, disturb or take any earth, stone or other material from any public street, alley or park or other public ground.

(Reserved)[2]

Editor's Note: Original Subsection B(4), Earthen flood dike, as amended 11-3-1976 by Ord. No. 929, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Offenses against public safety.

[Added 2-9-1998; amended 10-28-2002]

It shall be unlawful to use a skateboard, roller skates or rollerblades on the sidewalks, parking lots or Cameron Park in the downtown business district of the City. The downtown business district shall include Arch Street, Market Street and Chestnut Street running from Front Street to Tenth Street.

It shall be unlawful to ride a skateboard, roller skates, rollerblades, bicycle or any other device mounted on wheels at any designated skate park within the City of Sunbury without wearing a properly approved helmet. Any person found in violation of this subsection shall be subject to an immediate fine which carries a minimum penalty of $25 and a maximum penalty of $300.

[Amended 11-10-2003]

Any individual violating Subsection C(1) of this section shall be subject to the penalties in the order set forth below:

[Amended 11-10-2003]

A first offense shall result in the confiscation of the skateboard, roller skates, rollerblades or bicycle for a period of 30 days.

A second offense shall result in the permanent confiscation of the skateboard, roller skates, rollerblades, or bicycle.

(c)

A third offense shall result in the imposition of fine defined at a minimum amount of $25 and a maximum amount of $300, along with permanent confiscation of the skateboard, roller skates, rollerblades, or bicycle.

(d)

If a minor is involved with any of the offenses then the parent or guardian shall be served with written notice of the penalty. An item of property shall only be returned to a minor with a parent or guardian present.

§ 121-6 Conduct in parks and park property.

Buildings and other property.

Disfiguration and removal. No person in a "park" (defined for purposes of this chapter as a park, playground, beach, recreation center or any other area in the City owned or used by the City and devoted to active or passive recreation, and including comfort stations) shall willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, paving or paving materials, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

Restrooms and washrooms. No person in a park in the City shall fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.

Removal of natural resources. No person in a park in the City shall dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.

Erection of structures. No person in a park in the City shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit.

Glass containers. No person shall have glass containers in his possession on the grounds of a City playground. Said areas shall consist of areas commonly known as a "City playground" and listed in the office of the City Clerk.

[Added 1-9-1995 by Ord. No. 1197]

Trees, shrubbery and lawns.

Injury and removal. No person in a park in the City shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant, nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.

Climbing trees, etc. No person in a park in the City shall climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, fences or gun carriages or upon any other property not designated or customarily used for such purposes.

Animals, birds, etc.

Hunting. No person in a park in the City shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any time at any animal, reptile or bird; nor shall he remove or have in his possession the young of any wild animal or the eggs, nest or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattlesnakes, moccasins, coral snakes or other deadly reptiles, may be killed on sight.

Feeding. No person in a park in the City shall give or offer or attempt to give any animal or bird any tobacco, alcohol or other known noxious substances.

Sanitation.

Pollution of waters. No person in a park in the City shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or tributary, stream, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.

Refuse and trash. No person in a park in the City shall have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.

Recreational activities.

Bathing and swimming.

Designated areas. No person in a park in the City shall swim, bath or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are herein set forth or may be hereafter adopted.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(Reserved)[1]

Editor's Note: Former Subsection E(1)(b), Certain hours, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Behavior.

Intoxicating beverages.

Prohibition. No person in a park in the City shall have brought alcoholic beverages, nor shall any person drink alcoholic beverages at any time in the park.

Drunkenness. No person in a park in the City shall be under the influence of intoxicating liquor.

(Reserved)[2]

Editor's Note: Former Subsection F(2), Fireworks and explosives, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 89, Fireworks.

Closed areas. No unauthorized person in a park in the City shall enter an area posted as "Closed to the Public," nor shall any person use or abet the use of any area in violation of posted notices.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(Reserved)[3]

Editor's Note: Former Subsection F(4), Games of chance, was repealed 3-14-1983 by Ord. No. 1048.

Going onto ice. No person in a park in the City shall go onto the ice on any of the waters, except such areas as are designated as skating fields and provided that a safety signal is displayed.

Loitering and boisterousness. No person in a park in the City shall sleep or protractedly lounge on the seats or benches or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace or tending to disturb others in their peaceful use and enjoyment of the park.

(Reserved)[4]

Editor's Note: Former Subsection G, Food and beverages in Cameron Park, as amended 6-10-1974 by Ord. No. 902 and 3-14-1983 by Ord. No. 1048, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 121-7 Offenses involving morals.

(Reserved)[1]

Editor's Note: Former Subsection A, Prostitution, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Vulgar language. No person in the City shall use vulgar, profane or indecent language on any public street or other public place or in any public dance hall, club dance, skating rink or place of business open to the public patronage.[2]

Editor’s Note: Former Subsections B and C, concerning solicitation of drinks and lodging accommodations, respectively, were repealed 7-9-2018. This ordinance also renumbered former Subsections D through J as Subsections B through H.

(Reserved)[3]

Editor's Note: Former Subsection C, Indecent exposure, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(Reserved)[4]

Editor's Note: Former Subsection D, Windowpeeping, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(Reserved)[5]

[5]

Editor's Note: Former Subsection E, Gambling, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Animals.

Cruelty to animals. No person in the City shall overwork, cruelly beat, mutilate, needlessly kill or otherwise cruelly or inhumanely treat, or carry or transport in any vehicle or other conveyance in a cruel and inhumane manner, any animal; or cause any of these acts to be done.

Food and shelter. No person in the City shall fail to provide any animal in his charge or custody with necessary sustenance, drink and protection from the elements, or cause any of these acts to be done.

Abandonment. No person in the City shall abandon any animal or cause such act to be done.

Fight upon exhibition. No person in the City shall maintain any place where fowl or any animals are suffered to fight upon exhibition or for sport upon any wager.

Poisoning. No person in the City shall poison any domestic animal or dog or cat or distribute poison in any manner whatsoever with the intent or for the purpose of poisoning any such animal, dog or cat.

Indecent exhibition of animals. No person in the City shall exhibit any animal indecently.

(Reserved)[6]

[6]

Editor's Note: Former Subsection G, Lookouts for illegal acts, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Sexual predators.

[Added 7-10-2006]

A "sexual predator" shall be defined for purposes of this subsection according to the Pennsylvania statute which defines a sexually violent predator under Registration of Sexual Offenders, 42 Pa.C.S.A. § 9792, as a person who has been convicted of a sexually violent offense as set forth in Registration of Sexual Offenders, 42 Pa.C.S.A. § 9795.1 (relating to registration under state law quoting the state registration section number), and who is determined to be a sexually violent predator under Registration of Sexual Offenders, 42 Pa.C.S.A. § 9795.4 (relating to assessments under the state law section), due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. The term includes an individual determined to be a sexually violent predator where the determination occurred in the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico, a foreign nation or court martial.

[Amended 7-27-2009]

It is unlawful for a sexual predator to be physically present within 1,000 feet of any school, bus stop, child-care facility, City sports recreation area, the Sunbury Youth and Community Center, park, playground, arcade, movie theater, athletic field, public library, skate park, public tennis court, pool, ice rink, YMCA, homeless shelter, motel and bed-and-breakfast.

[Amended 7-27-2009]

This residency restriction shall not apply to a sexual predator who resided within those restricted areas prior to passage of the subsection. The residency restriction shall apply to the areas specified in the subsection above if new construction of an area where children regularly congregate should be completed.

Penalties. A person who violates this subsection shall receive a citation for a summary offense and be subject to punishment issued by the Magisterial District Judge or the Court of Common Pleas. The fine shall not exceed $500 and imprisonment not to exceed 60 days.

The City shall notify any interested governmental agency and the public of any violation of this subsection following a determination of guilt by the Magisterial District Judge or the Court of Common Pleas.

§ 121-8 Offenses involving children.

Offenses affecting children.

(Reserved)[1]

Editor's Note: Former Subsection A(1), Wrongs to children, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Presence on streets after certain hours.

[Amended 7-14-2003; 6-12-2006]

It shall be unlawful for any minor 13 years of age or younger to be in or upon the public streets, walkways, roads, alleys, parks or playgrounds, public buildings, vacant lots or other unsupervised places within the City of Sunbury between the hours of 9:00 p.m. and 6:00 a.m. of the following day; provided, however, that the provisions of this subsection do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or to a minor who is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor. Further, it shall be unlawful for any minor over the age of 13 years and under the age of 18 years to be in or upon the public streets, walkways, roads, alleys, parks or playgrounds, public buildings, vacant lot or other unsupervised places within the City of Sunbury between the hours of 11:00 p.m. and 6:00 a.m. of the following day; provided, however, that the provisions of this subsection do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or to a minor who is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor.

It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor over the age of 13 years and under the age of 18 years to knowingly permit such minor to be in or upon the public streets, walkways, roads, alleys, parks or playgrounds, public buildings, vacant lots or other unsupervised places within the City of Sunbury between 9:00 p.m. and 6:00 a.m. of the following day; provided, however, that the provisions of this subsection do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or when the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor. Further, it shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 18 years to knowingly permit such minor to be in or upon the public streets, walkways, roads, alleys, parks or playgrounds, public buildings, vacant lots or other unsupervised places within the City of Sunbury between 11:00 p.m. and 6:00 a.m. of the following day; provided, however, that the provisions of this subsection do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or when the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor.

Purchase for minor. No person in the City shall procure for any minor any article which the minor is forbidden by law to purchase.

(Reserved)[2]

Editor's Note: Former Subsection A(4), Assault on children under 16 years of age, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(Reserved)[3]

Editor's Note: Former Subsection A(5), Indecent exposure in child's presence, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Abandoned iceboxes. No person in the City shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his or its control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside, without first removing said door or lid, snap lock or other locking device from said icebox, refrigerator or container.

(Reserved)[4]

Editor's Note: Former Subsection B, Offenses by children, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 121-9 Violations and penalties.

[Amended 6-10-1974 by Ord. No. 902; 2-14-1977 by Ord. No. 958; 3-14-1983 by Ord. No. 1048; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person violating any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction therefor, be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, or 90 days' imprisonment, or both.

§ 121-10 Bad checks.

[Added 12-14-1992 by Ord. No. 1170; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The officers and agents of the City shall have the right to process criminal bad check offenses against any individuals or entities that attempt to make payments to the City with checks drawn on accounts with insufficient funds. The City shall further assess a fee as shall be set by resolution of the City Council for all bad checks that must be processed as a bad check offense.

§ 121-11 Closing of parks.

[Added 6-14-1993 by Ord. No. 1178]

The Mayor of the City of Sunbury shall have emergency power to declare a park area, including but not limited to the sidewalks within the park, as closed to the public. If such action is taken, the City shall not be required to use City resources to maintain that specific area. The term "maintenance" shall include snow and ice removal in the park grounds and on the sidewalks. The Mayor shall exercise this emergency power by posting a notice at the park and on the bulletin board in the City Hall.

§ 121-12 Smoking by minors.

[Added 4-12-1999 by Ord. No. 1218]

Definitions. As used in this section, the following terms shall have the meanings indicated:

CITY PROPERTY

Includes the streets, parks, sidewalks, buildings and other property in which the City of Sunbury has a property interest.

MINOR

Includes any individual who is under the age of 18.

SMOKING

Includes the possession of a lighted cigarette, cigar, pipe or other lighted smoking equipment.

TOBACCO USE

Includes smoking and the use of smokeless tobacco in any form.

Restriction. Tobacco use by minors on City property is prohibited. Any tobacco use or smoking by a minor on City property shall be considered a violation of this section, and the minor shall be subject to the penalty provisions of this section.

Penalty. Any minor violating any of the provisions of this section of the Code of the City of Sunbury shall be subject to pay a fine which shall not exceed $300, following a hearing before the Magisterial District Judge.

§ 121-13 (Reserved) [1]