[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua 3-14-1950 by Ord. No. 213 (Ch. VII, of the 1971 Code of Ordinances).
Amendments noted where applicable.]
[Added 4-13-1971 by Ord.
No. 304(17)]
A. Disorderly
conduct is hereby prohibited within the Borough of Tamaqua. 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 within the Borough, whereby the public peace is broken or disturbed
or the traveling public annoyed, shall be guilty of disorderly conduct.
B. Disturbance
of the peace is hereby prohibited within the Borough of Tamaqua. 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
inhabitants of the Borough or to 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
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.
C. Violations
and penalties. Any person who violates or permits a violation of this
chapter shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the Schuylkill County correctional facility
for a period not exceeding 30 days. Each day that such 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 Schuylkill
County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]