[Ord. No. 233, 2/20/2007]
It is hereby declared that the enactment of this Part is necessary
for the protection, benefits, safety and welfare of the inhabitants
of the Township of Amity.
[Ord. No. 233, 2/20/2007]
The word person used in this Part shall in all cases include
any individual, partnership, association, corporation or other entity,
singular or plural, including the responsible officers of any such
association, corporation or other entity.
[Ord. No. 233, 2/20/2007]
It shall be unlawful and shall constitute disorderly conduct
for any person to engage in any unlawful act tending to imperil the
personal security of any person or to endanger or injure property
within the Township of Amity.
[Ord. No. 233, 2/20/2007]
It shall be unlawful and shall constitute disorderly conduct
for any person to throw on, from or unto any highway any stones, snowballs
or other material.
[Ord. No. 233, 2/20/2007]
No person shall, at or in any place within the Township of Amity,
conspire to create, engage in or participate in any riot, rout, violent
or unlawful assembly or affray.
[Ord. No. 233, 2/20/2007]
No person shall engage in any civil disorder within the geographic
limits of the Township of Amity or encourage, solicit or induce, by
act or deed, others to engage in civil disorders.
[Ord. No. 233, 2/20/2007]
No person shall sell or offer to sell or carry, store or discharge
any explosives, hand grenades, Molotov cocktails or any incendiary
of whatsoever kind or nature within the geographic limits of the Township
of Amity, except that explosives may be used in excavation and construction
projects under the supervision of qualified personnel.
[Ord. No. 233, 2/20/2007]
No person shall sell, offer to sell or discharge any air rifle,
pistol, revolve, shotgun, rifle or any long gun within the geographic
limits of the Township of Amity unless the sale, offer of sale or
discharge of such a firearm is in strict compliance with the applicable
laws of the Commonwealth of Pennsylvania.
[Ord. No. 233, 2/20/2007]
Any gun which uses compressed air or a spring as the propelling
force for a pellet and when being used or carried in violation of
any provision or section of this Part may be seized, confiscated and
retained by any duly authorized police officer of the Township of
Amity or the Commonwealth of Pennsylvania and, after being so seized,
confiscated or retained shall be held for a period of 10 days; in
the event that no cause is shown within the ten-day period why said
gun should be returned, it shall thereupon be destroyed.
[Ord. No. 233, 2/20/2007]
The Board of Supervisors of Amity Township may, by Resolution,
declare certain areas of the Township to be residential in nature
and prohibit hunting within the geographic limits of an area so designated.
[Ord. No. 233, 2/20/2007]
No person shall carry any concealed deadly weapon except persons
duly authorized by state law.
[Ord. No. 233, 2/20/2007;
as amended by Ord. No. 307, 11/7/2018]
(a)
APA 87-1
CONSUMER FIREWORKS
(1)
(2)
DISPLAY FIREWORKS
(1)
(2)
(3)
NFPA 1123
NFPA 1124
OCCUPIED STRUCTURE
OUTDOOR STORAGE UNIT
TEMPORARY STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The American Pyrotechnics Association Standard 87-1, Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
complies with the construction, performance, composition and labeling
requirements promulgated by the Consumer Products Safety Commission
in 16 CFR (relating to commercial practices), or any successor regulation,
and complies with the provision for consumer fireworks as defined
in APA 87-1, or any successor standard, the sale, possession and use
of which shall be permitted throughout the Commonwealth of Pennsylvania.
The term does not include devices such as "ground and hand-held
sparkling devices," "novelties" or "toy caps" in APA 87-1, or any
successor standard, the sale, possession and use of which shall be
permitted at all times throughout the Commonwealth of Pennsylvania.
Large fireworks to be used solely by professional pyrotechnics
and designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. The term includes, but is not limited
to:
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
Other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks and are classified as fireworks
UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose
and use of hazardous materials table).
The National Fire Protection Association Standard 1123, Code
for Fireworks Display, 2006 edition, or any subsequent edition.
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnics
Articles, 2006 edition, or any subsequent edition.
A structure, vehicle or place adapted for animals or overnight
accommodations of persons for conducting business, whether or not
a person or animal is actually present.
A consumer fireworks building, trailer, semitrailer, metal
shipping container or magazine meeting the specifications of NFPA
1124.
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The term includes temporary
retail sales stands, tents, canopies and membrane structures meeting
the specifications of NFPA 1124. The term shall not include a facility
that is not licensed to sell consumer fireworks.
(b)
A person who is at least 18 years of age and meets the requirements
under 72 P.S. § 9401 et seq. (the "Act") may purchase, possess
and use consumer fireworks.
(c)
A person may not intentionally ignite or discharge:
(1)
Consumer fireworks on public or private property without the
express permission of the owner;
(2)
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building;
(3)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person;
(4)
Consumer fireworks or sparkling devices while the person is
under the influence of alcohol, a controlled substance or another
drug;
(5)
Consumer fireworks within 150 feet of an occupied structure.
(d)
Sales of consumer fireworks shall be in strict accordance with Sections
9407, 9408, 9409 and 9410 of the Act.
(e)
No person or entity shall discharge or ignite display fireworks,
as defined in the Act, in the Township of Amity without first obtaining
a permit from the Building Code Official of the Township of Amity,
in accordance with the permissible purposes in the Act. To obtain
a permit to discharge or ignite display fireworks in the Township
of Amity, an individual must submit an application to the Building
Code Official and demonstrate complete compliance with the Act, together
with proof that the applicant is 21 years of age or older, proof of
competency to use and discharge display fireworks, and a description
of the date, location and purpose for discharge or initiation of display
fireworks. The Building Code Official may approve such application
when assured of compliance with the Act, including all regulations,
and issue such permit once the applicant has provided the Township
of Amity with a bond in an amount deemed adequate by the Building
Code Official, the purpose of which is for the payment of all damages
which may be caused to a person or property by reason of the display
and arising from an act of the permittee or an agent, an employee
or subcontractor of the permittee, but in no event in an amount less
than $50,000.
(f)
Any person or entity discharging display fireworks in Amity Township
prior to receiving a permit shall demonstrate compliance with the
storage and use of those fireworks in accordance with NFPA 1124 and
APA 87-1, both as amended from time to time.
(g)
A permit issued under Subsection (e) shall be transferable only upon receipt of written consent by the Building Code Official, pursuant to Section 9406 of the Act.
(h)
The date authorized for discharge or ignition of a display firework pursuant to a permit issued under Subsection (e) may be extended in the event that inclement weather has prevented the discharge or ignition of the display fireworks. The permittee shall submit a written request for extension to the Building Code Official in accordance with the Fireworks Act, 72 P.S. § 9403. The request for extension must be received by the Building Code Official no later than 24 hours after the display date. The display date shall not be extended for longer than one week after the original display date.
(i)
Consumer fireworks shall not be discharged after 10:00 p.m. on any
date. Display fireworks shall not be discharged after 10:30 p.m. on
any date and 1:00 a.m. on New Year's Day.
(j)
Permits may be issued upon compliance with the provisions hereof
and the payment of the permit fee as set forth (from time to time)
by Township resolution.
(k)
The Pennsylvania State Police, a Sheriff or an Amity Township police
officer shall take, remove or cause to be removed, at the expense
of the owner, all stocks of consumer fireworks or display fireworks
or combustibles offered or exposed for sale, stored or held in violation
of the Act. The owner shall also be responsible for the storage and,
if deemed necessary, the destruction of these fireworks.
(l)
Persons violating the consumer fireworks or display fireworks provisions
of this section shall pay a fine, upon conviction, of not more than
$100 in addition to any fines or citations issued under the Act. Enforcement
of this section shall be vested with the Police Department of Amity
Township.
[Ord. No. 233, 2/20/2007]
No person shall conduct, attend or in any manner whatsoever
participate in any exhibition of an indecent or immoral character.
[Ord. No. 233, 2/20/2007]
No person shall make any immodest, immoral, lewd or other indecent
sign or gesture, or do or commit any other immodest, immoral, lewd
or indecent act to or in the presence of any other person or persons
in any public street, highway or place within the Township.
[Ord. No. 233, 2/20/2007]
No person shall use profane, vile or vulgar language in the
presence or hearing of any person or persons or in any public street
or highway or place within the Township of Amity.
[Ord. No. 233, 2/20/2007]
No person shall operate, maintain, frequent or participate in
the operation or maintenance of any house of prostitution or assignation,
or any gambling house, or any house or building in which unlawful
or disorderly acts occur.
[Ord. No. 233, 2/20/2007]
It shall be unlawful and shall constitute disorderly conduct
for any person to set up, maintain or possess any device which is
or can be used for purposes of gambling.
[Ord. No. 233, 2/20/2007]
No person, except a public officer legally thereunder authorized,
shall affix any show bill, placard, poster or other advertising device
upon any pole, tree or structure within the Township without first
obtaining the consent of the owner thereof. All such show bills, placards,
posters or other advertising devices shall be removed immediately
after the occurrence of the event or as soon as the same begins to
deteriorate, whichever shall first occur.
[Ord. No. 233, 2/20/2007]
No person shall wrongfully strike another or be engaged in any
fight, affray or be or appear in a drunken or intoxicated condition
in any public street, highway or public place within the Township.
[Ord. No. 233, 2/20/2007]
No person shall willfully and unnecessarily obstruct or interfere
with travel upon any foot pavement, sidewalk or public passageway.
[Ord. No. 233, 2/20/2007]
No person shall lounge, loiter or loaf upon any foot pavement,
sidewalk or public passageway or upon any street corner, public building
or bridge; provided, however, that this section shall not be construed
to restrict peaceful picketing so long as 1/2 of the width of the
sidewalk is kept clear for the use of other pedestrians.
[Ord. No. 233, 2/20/2007]
No person shall deposit, dump or permit to accumulate upon any
public or private property within the Township of Amity any accumulation
of garbage, rubbish or junk.
[Ord. No. 233, 2/20/2007]
No person shall cast upon or discharge into or upon any of the
streets, alleys or public places in the Township any animal carcass,
fish, oyster shells, garbage, slaughter house offal, broken glass,
crockery, china, cuttings of tin, sheet iron or other metal, nails
or any other kind of material calculated to wound, bruise or maim
man or beast, or to impair property, or vegetables, fruit peels or
rinds or boxes, paper, advertisements, handbills, show bills, wastepaper,
sweepings, nor suffer the same to be or remain deposited in any location
in any of said streets, alleys, highways or other public places in
the Township adjoining or adjacent to the premises of each owner,
tenant or occupier.
[Ord. No. 233, 2/20/2007]
No person shall discharge or permit to be discharged any wastewater,
sewage or drainwater upon any public road in the Township of Amity.
[Ord. No. 233, 2/20/2007]
No person shall fix, put up or erect upon the pavement, sidewalk,
curb or gutter in front of or along any dwelling house, store or other
building or premises any signboard, bulletin board or any obstruction
of any type whatsoever which will interfere with the complete and
full use, at all times, by the public of said pavement, sidewalk,
curb or gutter.
[Ord. No. 233, 2/20/2007]
It shall be unlawful and shall constitute disorderly conduct
for any person to tamper with, destroy or otherwise interfere with
any lights, guardrails, signs or other property or materials placed
in public places by any officials or agents of the Township of Amity
or of the Commonwealth of Pennsylvania, or any municipal subdivision
thereof.
[Ord. No. 233, 2/20/2007]
No person shall deface, disfigure, write upon or in any manner
cause to be placed upon any mailbox, house, wall or building of any
kind whatsoever, or any part thereof, or upon fences or road signs
any marks, lines, figures, letters or caricatures of any kind.
[Ord. No. 233, 2/20/2007]
No person shall falsely impersonate a police officer or any
other officer belonging to the Police Department of the Township,
or, with the intention to deceive, use or imitate any sign, signal
or device thereof.
[Ord. No. 233, 2/20/2007]
No person shall interfere with any member of the Police Department
of Amity Township, or any other police officer in the performance
of their duties, or obstruct or resist any of said officers in the
performance of official duty.
[Ord. No. 233, 2/20/2007]
It shall be unlawful and shall constitute disorderly conduct
for any person to fail to render assistance to any police officer
when called upon by him.
[Ord. No. 233, 2/20/2007]
It shall be unlawful and shall constitute disorderly conduct
for any person to resist arrest.
[Ord. No. 233, 2/20/2007]
No person shall in any manner aid any prisoner in custody to
escape.
[Ord. No. 233, 2/20/2007]
No person shall use any drum, loud speaker or other instrument
or device for the purpose of attracting attention by the creation
of noise to any place of business or amusement. The use of any such
device outside of or near an open door or window of any such place
shall be presumed to be for such purpose.
[Ord. No. 233, 2/20/2007]
No person shall originate any false alarm of fire.
[Ord. No. 233, 2/20/2007]
Any person or persons violating any of the provisions of this
Part or neglecting to comply with any order or notice issued pursuant
to a violation of any section hereof shall, upon conviction before
any District Justice of the County of Berks, to pay a fine or penalty
not to exceed $1,000 and costs for each and every offense or, in default
of payment of such fine and costs, shall be duly imprisoned in the
Berks County Prison for a period not to exceed 30 days.
[Ord. No. 233, 2/20/2007]
The provisions of this Part shall be severable, and if any of
its provisions shall be held to be unconstitutional, invalid or beyond
the power of the Township of Amity to prohibit the decision so holding,
it shall not be construed to affect the validity of any of the remaining
portions of this Part. It is hereby declared as the intent of the
Board of Supervisors of the Township of Amity that this Part would
have been adopted had such unconstitutional, invalid or unauthorized
provision or provisions not be included therein.
