[Ord. 442, 2/10/1969; as amended by Ord. 443, 2/10/1969; by Ord. 444, 2/10/1969; and by Ord. 445, 2/10/1969]
Disorderly conduct is hereby prohibited within the Borough of Oxford. Any person who shall willfully make or cause to be made any loud, boisterous and unseemly noise or disturbance to the annoyance of the peaceable residents nearby or near to any public street or alley or public ground of the Borough whereby the public peace is broken or the traveling public annoyed shall be guilty of disorderly conduct.
[Ord. 442, 2/10/1969; as amended by Ord. 443, 2/10/1969; by Ord. 444, 2/10/1969; and by Ord. 445, 2/10/1969]
Disturbance of the peace is hereby prohibited within the Borough of Oxford. Any person who shall be guilty of any willful act causing or tending to cause a disturbance of the peace and good order of the Borough or causing or tending to cause any danger, discomfort or annoyance to the inhabitants of the Borough or the users of any of the public streets or alleys in the Borough, or who shall fight or quarrel or incite others to fight or quarrel, or who shall publicly make use of obscene, profane or indecent language, or who shall loaf or loiter or congregate upon any of the public streets or alleys or public grounds in the Borough, to the annoyance of peaceable residents nearby or traveling upon any street or alley or being lawfully upon any of the public grounds in the Borough, whereby the public peace is broken or disturbed or the traveling public annoyed, shall be guilty of disturbance of the peace.
[1]
Editor's Note: Former § 6-103, Use of Firearms and Bows; Reporting of Lost or Stolen Firearms, as amended, was repealed 12/15/2014 by Ord. 884.
[Ord. 442, 2/10/1969; as amended by Ord. 443, 2/10/1969; by Ord. 444, 2/10/1969; by Ord. 445, 2/10/1969; and by Ord. 636, 5/23/1989, § 1-6]
Ball playing, including the throwing, kicking or knocking of any ball, snowballing and the throwing of any stone or other missile of any kind upon or onto any of the public streets, alleys or sidewalks in the Borough of Oxford are hereby prohibited.
[Ord. 442, 2/10/1969; as amended by Ord. 443, 2/10/1969; by Ord. 444, 2/10/1969; and by Ord. 445, 2/10/1969]
No person or persons shall destroy or injure in any way whatsoever or tamper with or deface any public property of the Borough of Oxford or any grass, walk, lamp, ornamental work, building, streetlight, fire hydrant or water or gas stop box on any of the streets, alleys, parks or other public grounds in the Borough of Oxford.
[Ord. 442, 2/10/1969; as amended by Ord. 443, 2/10/1969; by Ord. 444, 2/10/1969; and by Ord. 445, 2/10/1969]
No person or persons shall in any manner interfere with or meddle with or pull, drive, change, alter or destroy any stake, post, monument or other evidence of any elevation, grade, line, location, corner or angle in the Borough of Oxford, made, placed or set, or hereafter made, placed or set or caused to be done, by the authorities of the Borough in any survey of or in any street, alley or public ground in the Borough, to evidence the elevation, line, grade, location, corner or angle of any public street, alley, sidewalk, curb, gutter, sewer or other public work, matter or thing.
[Ord. 442, 2/10/1969; as amended by Ord. 443, 2/10/1969; by Ord. 444, 2/10/1969; and by Ord. 445, 2/10/1969]
No person or persons shall willfully or maliciously destroy or remove or deface or obliterate or cover up any lamp, warning sign or barricade erected by the authorities of the Borough or by any person, firm or corporation doing work by permission of the Borough, on any of the streets, alleys, sidewalks or bridges in the Borough, as a warning of danger.
[Ord. 442, 2/10/1969; as amended by Ord. 443, 2/10/1969; by Ord. 444, 2/10/1969; and by Ord. 445, 2/10/1969]
No person or persons shall take any earth, stone or other material from any of the streets, alleys, parks or other public grounds in the Borough.
[Ord. 442, 2/10/1969; as amended by Ord. 443, 2/10/1969; by Ord. 444, 2/10/1969; and by Ord. 445, 2/10/1969]
No person or persons shall stop, fill up or injure any drain, storm sewer, ditch, gutter or culvert now or hereafter made or used for the purpose of draining water from any street or alley in the Borough, nor shall any person or persons change or divert the course thereof without consent of the Borough Council.
[Ord. 442, 2/10/1969; as amended by Ord. 443, 2/10/1969; by Ord. 444, 2/10/1969; and by Ord. 445, 2/10/1969]
Sections 6-105 through 6-109 shall not apply to normal activities in connection with the construction, maintenance and repair of streets, alleys, sidewalks and public grounds and the structures and fixtures located thereon or therein, nor to incidental results of work thereon or therein upon permit from or by authority of the Borough.
[Ord. 442, 2/10/1969; as added by Ord. 829, 4/19/2010, § 1]
1. 
Definitions. For purposes of this Part only, the following definitions apply:
DISRUPTIVE CONDUCT
Any form of conduct, action, incident, or behavior perpetrated, caused, or permitted by any tenant, guest or owner of a residential rental unit that is so loud, untimely (as to hour of the day), offensive, riotous, or that otherwise disturbs other persons of reasonable sensibility in their peaceful enjoyment of their premises such that a report is made to police and/or to the Code Enforcement Officer complaining of such conduct, action, incident, or behavior. No disruptive conduct shall be deemed to have occurred unless the Code Enforcement Officer or police shall investigate and make a determination that such did occur, and keep written records, including a disruptive conduct report, of such occurrences.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed therefor, to be completed by the Code Enforcement Officer or police, as the case may be, who investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer.
OWNER
An individual or entity currently holding title to the residential rental property at the time of the disruptive conduct. An "owner" shall include a "responsible local agent" as that term is utilized in § 5-304 of the Code of the Borough of Oxford.
RESIDENTIAL RENTAL PROPERTY
Includes any dwelling, dwelling unit, rooming unit, building, premises or structure, temporary or permanent, including a rooming house, motel, hotel or guest house, not occupied by the owner thereof and which has been or may be let for occupancy.
TENANT
Includes every occupant of any residential rental property, regardless of whether he, she or it is directly liable for rental payments to the owner of such residential rental property under the terms of a written or oral lease. A "tenant" shall include any individual and/or any partnership, association, corporation, joint stock company, trust, unincorporated association, governmental body, political subdivision, municipal corporation, municipality, municipal authority, or any other group or legal entity.
2. 
Owner's Duties. Owners of residential rental property shall not engage in, nor tolerate, nor permit tenants and/or guests to engage in disruptive conduct on, in, or adjacent to the residential rental property.
3. 
Tenant's Duties.
A. 
Peaceful Enjoyment. All tenants and their guests on the residential rental property and within his or her residential rental unit shall conduct themselves in a manner that will not disturb the peaceful enjoyment of the premises by others, and that will not disturb the peaceful enjoyment of adjacent or nearby dwellings by the persons occupying same.
B. 
Disruptive Conduct. No tenant shall engage in, nor tolerate, nor permit their guests to engage in, disruptive conduct or other violations of this Part on, in, or adjacent to the residential rental property.
4. 
Incidents of Disruptive Conduct.
A. 
Procedure.
(1) 
When a Borough Police Officer or the Borough Code Enforcement Officer investigate an alleged incident of disruptive conduct, he or she shall complete a disruptive conduct report upon a finding that the reported incident did, in his or her judgment, constitute disruptive conduct as defined herein. The report shall include, if possible, the identity or identities of the alleged perpetrator(s) of the disruptive conduct and all other obtainable information including the factual basis for the disruptive conduct. When a police officer conducts such an investigation, said police officer shall submit the completed disruptive conduct report to the Code Enforcement Officer within 24 hours of the occurrence of the alleged disruptive conduct.
(2) 
In all cases, the Code Enforcement Officer shall mail a copy of the disruptive conduct report to the owner within three business days of the occurrence of the alleged disruptive conduct. The report shall be sent to the owner, if applicable, by certified mail, return receipt requested. Receipt of such report by the owner shall be considered completed service upon such owner. In the event that the report is returned by the postal authorities for any reason, then the Code Enforcement Officer shall attempt delivery by personal service on the owner. In such case, the Code Enforcement Officer shall also post a copy of the report at a conspicuous place on the premises. If personal service cannot be accomplished after a reasonable attempt to do so, then the report may be sent to the owner at the address stated on the most current permit application submitted under terms of Chapter 5, Code Enforcement, Part 3, "Residential Rental Property," of the Oxford Borough Code, by regular first class mail, postage prepaid. If such notice is not returned by the postal authorities within five days of its deposit in the U.S. Mail, then it shall be deemed to have been delivered to and received by the addressee on the fifth day following its deposit in the U.S. Mail, and all time periods set forth above shall thereupon be calculated from said fifth day.
B. 
Penalties.
(1) 
Tenants and Guests. Every tenant and/or guest who engages in disruptive conduct will be subject to criminal prosecution pursuant to the provisions of § 6-112 of the Code of the Borough of Oxford.
(2) 
Owners.
(a) 
Every owner who personally engages in disruptive conduct will be subject to criminal prosecution pursuant to the provisions of § 6-112 of the Code of the Borough of Oxford.
(b) 
Every owner who permits or tolerates any tenant and/or guest to engage in disruptive conduct shall be subject to the following civil enforcement proceedings and civil fines, which proceedings and fines are intended to promote owner management and control of leased premises and the elimination of unsafe and/or problematic tenants and visitors:
1) 
First Offense Relating to a Particular Tenant or Rental Unit. Upon the first offense relating to a particular tenant or rental unit, the Code Enforcement Officer shall issue a written warning to the owner, along with a copy of the disruptive conduct report, wherein the owner is believed to have permitted or tolerated any tenant and/or guest to engage in disruptive conduct on, in, or adjacent to the residential rental property.
2) 
Second or Subsequent Offense Relating to a Particular Tenant or Rental Unit. Upon the second or subsequent offense relating to a particular tenant or rental unit the Code Enforcement Officer shall promptly serve a copy of the disruptive conduct report upon the owner and thereafter commence a civil proceeding seeking to recover from the owner the costs of suit plus a fine of $300 for a second offense and $500 for a third or subsequent offense. Each twenty-four-hour period during which one or more disruptive conduct reports issue shall be considered a separate offense.
3) 
Suspension or Revocation of Rental Permit. Upon the conviction of an owner under Subsection 4B(2)(a) above, or upon an award of a judgment of a fine in a civil enforcement proceeding for a third or subsequent offense under Subsection 4B(2)(b)2) above, Borough Council may, in its discretion, authorize the Code Enforcement Officer to commence the process to suspend the current residential rental property permit for such unit, notwithstanding any other requirements of Chapter 5, Code Enforcement, Part 3, "Residential Rental Property," of the Code of the Borough of Oxford. The residential rental property or unit involved shall not have its residential rental property permit reinstated until the reinstatement fee is paid.
5. 
Appeal Procedure for Permit Revocation.
A. 
The Borough shall inform the owner of a right to appeal the decision to suspend or revoke the rental permit. Such appeal shall be made to Borough Council by submitting in writing to the Borough Manager, within 30 days from the date of the disruptive conduct report, a detailed statement of the appeal including the grounds therefore and the reason(s) alleged as to why the determination of the Code Enforcement Officer is incorrect or should be overturned, and a statement of relief requested by the owner. Such notice of appeal shall be submitted on a form to be prescribed therefor by Borough Council, and signed by the owner. There is hereby imposed a fee for filing of such appeals, the amount of which shall be determined and established, from time to time, by resolution of Borough Council.
B. 
Upon receipt of such an appeal in proper form, accompanied by the requisite filing fee, the Borough Manager shall schedule a hearing, to be held at the time and date of the next regularly scheduled Borough Council meeting not less than 10 days from the date on which the appeal is filed.
C. 
The owner, the Code Enforcement Officer, and the owners of properties within a radius of 300 feet from the premises for which the permit is at issue shall receive written notice of the hearing on the appeal. Such written notice shall be provided by the Borough of Oxford and shall be sent via certified mail, return receipt requested.
D. 
Borough Council shall hold a hearing on the appeal, which shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A. § 751 et seq. The owner and all other parties having an interest may be heard. Based on the facts and arguments of the owner and of the Code Enforcement Officer and any police or other public officials involved, and any relevant factual presentations of other parties, the Borough Council shall make a decision either affirming, reversing, or modifying the action of the Code Enforcement Officer from which the appeal was taken. Such decision shall be rendered at a public meeting either immediately following the hearing or within 30 days thereafter. The decision shall be reduced to writing stating clearly the factual and legal basis for the decision, within 45 days after the hearing. If Borough Council deems it necessary or desirable, it may continue the hearing to a subsequent time and date not later than 30 days from the initial hearing; in such case, the time limits for rendering the decision and reducing it to writing set forth herein shall be calculated from the last hearing date.
[Ord. 442, 2/10/1969; as added by Ord. 810, 12/17/2007; and as amended by Ord. 829, 4/19/2010, § 2]
Any person, firm or corporation who violates or permits a violation of any provision of this Part shall, upon conviction in a summary proceeding brought before a magisterial district judge wider the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine not more than $1,000 plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each provision of this Part that is violated shall also constitute a separate offense.