Township of White, PA Chapter 176 Nuisance Gatherings

[Adopted by the Board of Supervisors of the Township of White 9-28-2016 by Ord. No. 1075. Amendments noted where applicable.]

GENERAL REFERENCES

Nuisances — See Ch. 175.

§ 176-1 Purpose and findings.

The Township intends to preserve the peace, health, safety and welfare of the residents and neighborhoods in the municipality by reducing gatherings and events that become a public nuisance. The Township finds that:

A. Events and gatherings held on private or public property where persons gather and where neighborhood disturbances, destruction and defacing of property, violence and hazardous conditions result constitute a threat to peace, health, safety and welfare of the community that require prevention, response to, and/or abatement.

B. The hosts or other organizers of a gathering or event are deemed to be responsible for the activities of their guests and visitors on the site of the gathering event.

§ 176-2 Definitions.

For the purpose of this chapter, the following terms have the following meanings:

EVENT or GATHERING

Any group of 10 or more persons who have assembled or gathered together for a social function or other activity on public or private property whether indoors or outdoors.

HOST(S)

To aid, conduct, allow, entertain, organize, supervise, control, or overtly permit a gathering or event.

LIQUOR

As defined by Title 18, Pennsylvania Crimes Code § 6310.6.[1]

MALT OR BREWED BEVERAGES

As defined by Title 18, Pennsylvania Crimes Code § 6310.6.[2]

PERSON

Any individual, partnership, co-partnership, corporation, or any association of one or more individuals.

PREMISES

Any home, yard, fraternity house, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. Premises licensed by the Pennsylvania Liquor Control Board are excluded from the definition of "premises" for purposes of this chapter.

UNDERAGE PERSON

Any individual under 21 years of age.

[1] Editor's Note: See 18 P.S. § 6310.6.

[2] Editor's Note: See 18 P.S. § 6310.6.

§ 176-3 Declaration of nuisance gathering.

An event or gathering that results in three or more of the following illegal activities at a premises, is hereby declared to be an unlawful public nuisance as defined herein:

A. Excessive, unnecessary, or unreasonably loud noise which does or is likely to disturb the comfort, quiet, or repose of the neighborhood (Section 5503 of the Pennsylvania Crimes Code, Title 18);[1] or

[1] Editor's Note: See 18 P.S. § 5503.

B. Public disturbances, brawls, fights, or quarrels or indecent or obscene conduct (Section 5503 of the Pennsylvania Crimes Code, Title 18); or

C. Purchase, consumption, possession, or transportation of liquor or malt or brewed beverages (Section 6308 of the Pennsylvania Crimes Code, Title 18);[2] or

[2] Editor's Note: See 18 P.S. § 6308.

D. Public drunkenness (Section 5505 of the Pennsylvania Crimes Code, Title 18);[3] or

[3] Editor's Note: See 18 P.S. § 5505.

E. Public urination or defecation (Section 5503 of the Pennsylvania Crimes Code, Title 18); or

F. Unlawful sale, furnishing, or consumption of intoxicating beverages (Section 6310.1 of the Pennsylvania Crimes Code, Title 18);[4] or

[4] Editor's Note: See 18 P.S. § 6310.1.

G. Unlawful deposit of trash or litter (Section 6501 of the Pennsylvania Crimes Code, Title 18);[5] or

[5] Editor's Note: See 18 P.S. § 6501.

H. Criminal mischief (Section 3304 of the Pennsylvania Crimes Code, Title 18);[6] or

[6] Editor's Note: See 18 P.S. § 3304.

I. Sale, manufacture, possession of any controlled substances as defined in the Controlled Substance, Drug, Device and Cosmetic Act, Act of 1972, P.L. 233 No. 64;[7] or

[7] Editor's Note: See 35 P.S. § 780-101 et seq.

J. Open lewdness or indecent exposure (Section 5901 or Section 3127 of the Pennsylvania Crimes Code - Title 18).[8]

[8] Editor's Note: See 18 P.S. §§ 5901 and 3127.

§ 176-4 Exclusions.

The within chapter shall not apply to any event or gathering held for political or religious purposes, regardless of size, whether held indoors or outdoors and whether held on public or private property.

§ 176-5 Prohibited acts.

A. Any premises owner, occupant, tenant, or other person having any possessory control, individually or jointly with others, of any premises who sponsors, conducts, hosts, invites, or overtly permits an event or gathering that at any time of the event or gathering becomes an unlawful public nuisance as defined in § 176-3 is hereby deemed to have committed a violation of this section.

B. Assistance request exemption. Any premises owner, occupant, tenant, or other person having any possessory control, individually or jointly with others, of any premises who requests assistance from the Commonwealth of Pennsylvania State Police to prevent a gathering from becoming a nuisance gathering as set forth herein shall not be considered to have violated this chapter. This exemption may only be obtained one time in any three-hundred-sixty-five-day period.

§ 176-6 Violations and penalties.

A. Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.

B. In addition to fine, any person or entity who violates § 176-5 may be assessed the cost of reimbursing local law enforcement, fire services, EMS, ambulance or other provider who responds to calls or renders assistance at the nuisance gathering .

C. A penalty provided for under Subsection A of this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising for the same conduct.

§ 176-7 Severability.

If any section, subsection, sentence, clause, phrase, word, or other portion of this chapter is, for any reason, held to be unconstitutional or invalid, in whole, or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this chapter, which remaining portions shall continue in full force and effect.