[HISTORY: Adopted by the Borough Council
of the Borough of Millersville 12-8-2015 by Ord. No. 2015-04. Amendments noted
where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 114.
Open burning — See Ch. 136.
Curfew — See Ch. 154.
Firearms and weapons — See Ch. 173.
Noise — See Ch. 257.
Parks and recreation areas — See Ch. 270.
Public property — See Ch. 278.
Vehicles and traffic — See Ch. 350.
Junked and abandoned vehicles — See Ch. 354.
This chapter shall be known and may be cited as the Millersville
Borough Disorderly Conduct Ordinance.
As used in this chapter, the following terms shall have the
following meanings:
Millersville Borough, Lancaster County, Pennsylvania.
A motor vehicle designed or used to transport passengers
or property as set forth in the Pennsylvania Motor Vehicle Code, as
amended, 75 Pa.C.S.A. § 1603.
Either residency, occupancy or use of said real estate.
As defined in the Controlled Substance, Drug and Device and
Cosmetic Act, Act of April 14, 1972, P.L. 233, No. 64, as amended,
35 P.S. § 780-101 et seq.
The leaving of such commercial vehicle unattended or with
the driver sleeping with the motor and/or engine of said vehicle running
for a period of time in excess of 15 minutes on public or private
property or allowing such a vehicle with the motor and/or engine of
said vehicle running on private property for a period of time in excess
of 15 minutes. Where a party has direct control over such private
property, he shall be presumed to have control over any vehicle so
parked and shall be in violation of this chapter, whether he actually
parked the vehicle himself or was aware of the parked vehicle.
Any person, partnership, association, corporation or fiduciary
having legal or equitable title or any interest in any real property.
Whenever used in any clause prescribing or imposing a penalty, the
term "person," as applied to partnerships and associations, shall
mean the partners, or members thereof, and as applied to corporations,
the officers thereof.
The exercising of conscious dominion or control over any
container, bottle or can containing an alcoholic beverage.
Affecting or likely to affect persons in a place to which
the public or a substantial group has access; among the places to
be included are highways, transport facilities, schools, apartment
houses, places of business or amusement, and any neighborhood or premises
which are open to the public.
It shall be unlawful for any person within the limits of the
Borough to:
A.
Willfully make or cause to be made, or, being the owner of any premises
or having control thereof, to permit within or on said premises any
loud, boisterous or unseemly noise or disturbances, or to be guilty
of vagrancy, or to engage in fighting or to incite others to fight,
assault or quarrel, or to engage in any other unlawful act tending
to imperil the personal security or safety of any person or persons
within the Borough or on Borough-owned properties located outside
the physical boundaries of the Borough, or to endanger or injure any
property within the Borough or on Borough-owned properties located
outside the physical boundaries of the Borough, to the annoyance of
the public, or near to any alley, street, bridge, public passageway
or public place whereby the public peace is broken or disturbed or
the public is annoyed or offended.
B.
Loaf, loiter, lounge, stand or congregate on or otherwise occupy
any of the sidewalks, streets, crossings, streets corners, bridges,
highways or alleys in front of or about any place of business or other
public place within the Borough in such a way as to obstruct the free
flow of vehicular and/or pedestrian traffic.
C.
Throw, place, discard or be a party to throwing, placing or discarding
any garbage, rubbish, paper, refuse or litter of any kind on, upon
or adjacent to any road, street, alley, sidewalk, public place or
lot or piece of ground within the Borough or on Borough-owned properties
located outside the physical boundaries of the Borough.
D.
Knowingly and intentionally utilize or access any 911 emergency communications
system or wireless E-911 system to contact a public safety answering
point, as defined by the Pennsylvania Public Safety Emergency Telephone
Act,[1] as amended, by dialing 9-1-1 without having a legitimate
purpose or to activate a blue light emergency phone or other emergency
call device without a legitimate purpose.
[1]
Editor's Note: See 35 Pa.C.S.A. § 5301 et seq.
E.
Damage any emergency call device, including, but not limited to,
a blue light emergency phone, emergency call phone, or similar device.
F.
Nail, tack, hang or otherwise append any sign, notice or advertisement
of any kind whatsoever upon any tree, post, pole, electric pole or
pillar of any description, except on private property and then only
by permission of the owner thereof.
G.
Cause any unnecessary and disturbing noise generated or created by
a motor vehicle or commercial vehicle, including but not limited to
the squealing of tires, backfiring, blowing of a horn, racing of an
engine or parking, as defined by § 162-2 of this chapter,
of a commercial vehicle on public or private property, to the annoyance
of peaceable residents nearby or within or near to an alley, street,
bridge, public passageway, private lot, or public place, whereby the
public peace is broken or disturbed or the public is annoyed or offended.
Where a party has direct or indirect control over a private lot, the
party shall be presumed to have control over any vehicle so parked
and shall be in violation of this section whether the party actually
parked the vehicle or was aware of the parked vehicle. This prohibition
shall not apply to vehicles parked temporarily for any fairgrounds,
picnics, campgrounds, media events or other social events for entertainment
or educational purposes.
H.
Keep or suffer to remain on any premises any odorous, offensive or
unwholesome matter of any kind or any wood, corncobs or other matter
of substance or substances which attracts rats, mice or other rodents
or insects.
I.
Keep, operate or be employed at any house, home, apartment or other
dwelling unit or establishment wherein liquor or malt or brewed beverages
are sold without an appropriate license to do so issued by the Commonwealth
of Pennsylvania.
J.
Be present in any house, home, apartment or other dwelling unit or
establishment wherein liquor or malt or brewed beverages are being
sold without an appropriate license issued by the Commonwealth of
Pennsylvania to do so conspicuously displayed on the premises.
K.
Knowingly permit any property in which any person has an equitable
or legal ownership to be used as a house, home, apartment or other
dwelling unit or establishment where persons are engaged in the sale
of liquor or malt or brewed beverages without a license to do so issued
by the Commonwealth of Pennsylvania.
L.
Deposit, or permit to be deposited, on publicly or privately owned
property, any human excrement, vomit, or other human bodily waste,
unless such waste is deposited in a toilet, urinal, or other receptacle
designed, intended and made available for such use.
M.
Be found drunk or intoxicated or under the influence of alcohol or
a controlled substance upon any public street or alley or parks or
other public grounds in the Borough.
N.
Possess one ounce or less of marijuana or any drug paraphernalia.
Any person who shall violate any provision of this chapter shall,
upon summary conviction thereof, be sentenced to pay a fine of not
less than $300 nor more than $1,000 for a first offense; a fine of
not less than $400 nor more than $1,000 for a second offense; and
a fine of not less than $500 and not more than $1,000 for a third
or subsequent offense, all plus the costs of prosecution, including
the Borough's attorneys' fees, and, in default of payment
thereof, shall undergo imprisonment in the Lancaster County Prison
for a period not exceeding 30 days. Each section of this chapter which
is violated shall constitute a separate offense, and each day during
which any person violates any provisions of this chapter shall constitute
a separate offense.
