Disorderly conduct is hereby prohibited within the Borough of
Elverson.
Disorderly conduct is hereby defined as any act, word or conduct
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 any of the inhabitants of the Borough or
users of the thoroughfares of the Borough, including, but not limited
to: (i) the making of any loud, boisterous or unseemly noise or disturbance;
or (ii) fighting or quarreling or inciting others to fight or quarrel;
or (iii) the public use of obscene or indecent language or gesture;
or (iv) loafing, loitering or congregating upon any public street
or alley or other public grounds in the Borough to the annoyance of
peaceable residents or other persons who are nearby, traveling upon
any street or alley, or otherwise lawfully upon any public grounds
in the Borough, whereby the public peace is broken or disturbed or
the traveling public annoyed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600 plus court costs and reasonable attorneys' fees incurred by the
Borough in the enforcement proceedings. If the penalty is not paid,
the Borough shall initiate a civil action for collection in accordance
with the Pennsylvania Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in equity in the Court of Common Pleas of
Chester County.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Prohibitions shall be pursuant to state law provisions, where
applicable, including, but not limited to:
A. 18 Pa.C.S.A.
§ 5502, Failure to disperse.
B. 18 Pa.C.S.A.
§ 5503, Disorderly conduct (fighting or violent behavior; unreasonable
noise; obscene language; hazardous condition).
C. 18 Pa.C.S.A.
§ 5505, Public drunkenness and similar misconduct.
D. 18 Pa.C.S.A.
§ 5506, Loitering and prowling at nighttime.
E. 18 Pa.C.S.A.
§ 5507, Obstructing highways and other public passages.
F. 18 Pa.C.S.A.
§ 5901, Open lewdness.