[Ord. No. 312, 6/12/1967;
as amended by Ord. No. 12-13-1989, 12/13/1989; and by Ord. No. 2014-001, 5/28/2014]
It shall constitute the offense of disorderly conduct for any
person to disturb the good order and quiet of the Borough of Wesleyville
by clamor or noise, by intoxication and drunkenness, or by fighting
and using obscene, profane or indecent language on the sidewalks,
streets or in any public place or building in the Borough to the annoyance
of any of its residents, or to endanger or violate the public peace
in any other manner by indecent or disorderly conduct, whether such
conduct directly disturbs the tranquility of the Borough or consists
of abusing, insulting, beating, striking, threatening to fight, provoking
to quarrel or any other unlawful act against the person or property
of any individual, detrimental to the public peace, or lewd, lascivious
behavior tending to subvert good order.
[Ord. No. 2014-001, 5/28/2014]
1. The following acts, committed by any person with intent to provoke
a breach of the peace, or whereby a breach of the peace may be occasioned,
shall, among other acts above generally referred to, be guilty of
the offense of disorderly conduct:
A. Uses offensive, disorderly, threatening, abusive or insulting language,
conduct or behavior.
B. Acts in such a manner as to annoy, disturb, interfere with, obstruct
or be offensive to others.
C. Congregates with others on any street, alley or other public way
or public place and refuses to move on when ordered by the police.
D. Loiters or strolls in, about or upon any street, alley or other public
way or public place and refuses to move on when ordered by the police.
E. By his actions causes a crowd to collect, except when lawfully addressing
such crowd.
F. Shouts or makes a noise either outside or inside a building during
the nighttime to the annoyance or disturbance of any number of persons.
G. Interferes with any person in any place by jostling against such
person or unnecessarily crowding him or by placing a hand in the proximity
of such person's pocket, pocketbook or handbag.
H. Stations himself on the public streets or follows pedestrians for
the purpose of soliciting alms or who solicits alms on the public
streets unlawfully.
I. Stands on sidewalks or street corners and makes insulting remarks
to or about passing pedestrians or annoys pedestrians.
J. Looks, peers or peeps into, or is found loitering around or within
view of any window not his own property with the intent of watching
or looking through such window.
K. Disturbs, tends to disturb or aids in disturbing the peace of others
by violent, tumultuous, offensive or obstreperous conduct.
L. Wanders about the streets, alleys or other public ways or places,
or who is found abroad at late or unusual hours in the night without
any visible or lawful business and not giving a satisfactory account
of himself.
M. Operating, playing, or permitting the operation or playing of any
radio, television, musical instrument, sound amplifier, automobile
radio, high-fidelity equipment or similar device which produces or
amplifies sound at such a sound intensity that the sound is audible
from a distance of 50 feet in any public area, street, or sidewalk
in the Borough.
N. Appears in a state of nudity, in indecent or lewd dress, makes an
indecent exposure of him/herself, or commits any incident or lewd
act in any public place or in view of the public.
[Ord. No. 2014-001, 5/28/2014]
No person or property owner shall place, maintain, or cause
to be placed or maintained any portable basketball hoop within or
along a public highway or a public roadway within the Borough.
[Ord. No. 2014-001, 5/28/2014]
No individual shall knowingly be present and/or participating
in an ill governed or disorderly house or place wherein gambling or
drinking is occurring when the same constitutes a common nuisance
or disturbance to the neighborhood or orderly citizens.
[Ord. No. 2014-001, 5/28/2014]
No property owner will permit activity of a disorderly house
causing a common nuisance or disturbance to the neighborhood and/or
orderly citizens to continue or occur repeatedly once notified by
Borough Police or Borough Code Enforcement.
[Ord. No. 2014-001, 5/28/2014]
1. Definitions. The following terms shall have the meaning indicated:
ALCOHOLIC BEVERAGES
As defined in the Liquor Code of the Commonwealth of Pennsylvania (i.e., liquor, wine, malt, and brewed beverages).
OPEN CONTAINER
Any container from which consumption of an alcoholic beverage
is occurring.
PUBLIC ACCESS PROPERTY
Any public street, alley, sidewalk, park, playground, ball
field, recreation area, commons, or parking lot, or any private parking
lot open to public use (regardless if the private parking lot establishment
is open or closed for business).
2. It shall be unlawful for any person to drink an alcoholic beverage
upon any public access property within the Borough, and it shall be
unlawful for any person to have in such person's possession,
or in a vehicle under such person's control, any open container
containing an alcoholic beverage upon any public access property in
the Borough.
3. Exemption. The terms of this section shall not apply at public parks
during normal open hours or by approved permit from the Borough Police
Department.
[Ord. No. 312, 6/12/1967;
as amended by Ord. No. 12-13-1989, 12/13/1989; by Ord. No. 10112006, 10/11/2006; and by Ord. No. 2014-001, 5/28/2014]
Any person who shall violate or fail to comply with any provision
of this Part shall, severally for each and every violation or noncompliance,
be guilty of a summary offense, punishable by a fine of not less than
$25 or more than $1,000, and costs, or, in default of payment, shall
be subject to imprisonment for a period not to exceed 30 days. The
issuance of a summary violation or the imposition of a penalty for
any violation shall not excuse the violation or permit it to continue.