CROSS REFERENCES
Audible alarms and automatic protection devices — See Ch.
1066.
Discharging firearms prohibited — See § 694.02.
Glue sniffing — See § 660.01.
Noise control — See Ch.
652.
Noisy animals — See § 614.19.
Use of whistles, horns and the like by peddlers and solicitors — See
§ 828.07
STATUTORY REFERENCES
Power to regulate and enact ordinances re disorderly conduct — See
Borough Code, 8 Pa.C.S.A. § 1202(14).
Power to regulate re morals — See Borough Code,
8 Pa.C.S.A. § 1202(5).
Power to suppress riots — See Borough Code,
8 Pa.C.S.A. § 10A07.
(A) Offenses defined. A person is guilty of disorderly conduct if, with
intent to cause public inconvenience, annoyance or alarm, or recklessly
creating a risk thereof, he or she:
(1)
Engages in fighting, threatening or violent or tumultuous behavior;
(2)
Makes unreasonable noise;
(3)
Uses obscene language or makes an obscene gesture; or
(4)
Creates a hazardous or physically offensive condition by any
act which serves no legitimate purpose of the actor.
(B) Grading. An offense under this section is a summary offense, provided
the intent of the actor is not to cause substantial harm or serious
inconvenience, and provided the actor does not persist in disorderly
conduct after reasonable warning or request to desist.
(C) Definition. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
PUBLIC
Affecting or likely to affect persons in a place to which
the public or a substantial group has access; among the places included
are highways, transport facilities, schools, prisons, apartment houses,
places of business or amusement, any neighborhood or any premises
which are open to the public.
[Ord. 561, passed 5-11-1992]
(A) Definitions. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
MINOR
A person under the age of 18 years.
PARENT
A natural parent of a minor, a guardian or any adult person
responsible for the care and custody of a minor. The term "parent"
shall mean one or both parents.
PUBLIC PLACE
Any public street, alley, sidewalk, park, playground, public
building or vacant lot in the Borough.
REMAIN
To stay behind, to tarry and to stay unnecessarily upon the
streets, including the congregating of groups (or of interacting minors)
totaling four or more persons in which any minor involved is not using
the streets for emergencies or ordinary purposes, such as mere passage
while going home.
(B) Purposes. The purposes of this section are to provide, in accordance
with prevailing community standards, regulations for the conduct of
minors on streets at night, for the protection of younger children
in the Borough from each other and from other persons on the streets
during night-time hours, for the enforcement of parental control and
responsibility for their children, for the protection of the public
from nocturnal mischief by minors, and for the reduction of the incidence
of juvenile criminal activity, all for the good of minors, for the
furtherance of family responsibility and for the public good, safety
and welfare.
(C) Hours of curfew. It shall be unlawful for any minor to be or remain
in or upon any public highway, park or other public place within the
Borough, or in any enclosure or vehicle which is on, or in close proximity
to, any such public place within the Borough, between the hours of
10:00 p.m. and 6:00 a.m. of the following day, prevailing time, from
Sunday evening through Friday morning, and between the hours of 11:00
p.m. and 6:00 a.m. of the following day, prevailing time, from Friday
evening to Sunday morning.
(D) Exceptions. Exceptions to Division (C) hereof include minors who:
(1)
Are accompanied by a parent, guardian or other person having
legal care or custody of such minor;
(2)
Possess a written statement dated that day and signed by a parent,
guardian or other person having the legal care or custody of such
minor, which statement specifies the time, place, purpose and necessity
of the minor being in a public place contrary to this section;
(3)
Are lawfully employed, thus making it necessary for such minors
to be on or in highways, streets, parks and the like, as stated above,
provided that such minors possess a current letter certifying the
same and signed by an employer, parent or guardian;
(4)
Are on an emergency errand; and
(5)
Are traveling to and from church, school or a municipal activity,
provided that such minors have a parental permission statement as
provided in Division (D)(2) hereof.
(E) Responsibility of parents. It is hereby made unlawful for any parent,
guardian or other person having the legal care or custody of a minor
to allow or permit such minor to violate any of the provisions of
this section without legal justification therefor.
(F) Violations. Any minor found upon the streets, alleys, parks or public
places within the Borough in violation of this section shall be taken
into custody by the Borough police or a legally deputized individual,
be delivered to his or her parent, guardian or person having the legal
custody of such minor and be given a copy of this section and § 668.99.
A report shall be filed and kept in a book for that specific purpose.
If such parent, guardian or person having the legal custody of such
minor shall again allow him or her to be on the streets, alleys, parks
or public places in violation of this section, such parent, guardian
or person having the legal custody of such minor so offending shall,
upon the second offense, be called along with the offender and be
so advised once again as to the penalty provisions contained in this
section and § 668.99. Upon the third violation, such parent,
guardian or person will be cited for the violation.
(G) Disposition of minors. Any minor who violates this section more than
three times shall, at the discretion of the proper Borough officials,
be reported to a society or organization, the purpose of which is
to take charge of incorrigibles and delinquents. Proceedings shall
then be taken in the proper court for the permanent welfare of such
minor, and a like procedure may be taken in cases where the arrest
of the parent is not effective, or where for any other reason the
purposes of this section cannot be achieved by the imposition of fines
and penalties.
(H) Police discretion in age determination. Police officers of the Borough,
in taking minors into custody, shall use their discretion in determining
a minor's age, and in doubtful cases may require positive proof
of age. Until such proof is furnished, the officer's judgment
shall prevail.
[Ord. 757, passed 4-2-2012]
(A) Definition of loitering. For the purpose of this section, the following
definitions shall apply unless the context clearly indicates or requires
a different meaning.
LOITERING
Remaining in any public place or public right-of-way or on
the premises of any establishment while committing any one of the
following:
(1)
Interfering with or impeding the free passage of pedestrian
or vehicular traffic;
(2)
Interfering, obstructing, harassing, cursing or otherwise using
profane language, threatening or doing physical harm to another member
of the public or their property;
(3)
Creating a reasonable likelihood of a breach of the peace, disorderly
conduct, or causes annoyance, inconvenience, or alarm or to create
a risk thereof; or
(4)
Otherwise creating a nuisance.
(B) Loitering prohibited. Loitering is hereby prohibited throughout the
Borough and shall be punishable as provided in § 668.99.
The Borough Police Department and the Health Officer are hereby empowered
to issue citations to enforce this prohibition.
(C) Signage. The Borough Administration is hereby authorized to erect
such signs as it may deem necessary or appropriate to notify the public
of the prohibition and penalty set forth in this section and § 668.99.
[Ord. 770, passed 3-4-2013]
(A) Definitions. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
DISORDERLY HOUSE
Any house, room or premises where frequent requests for police
service for noise, assaults, batteries, drinking of intoxicating beverages,
illegal drug usage and/or sale, loiter, gaming or other misbehavior
can be documented.
OWNER
Person or persons or corporation or other entity comprising
record owner or owners of any land or building.
PRIVATE PROPERTY
Any land or building, including single- and multi-family
dwellings and commercial and industrial buildings not owned by public
entity.
PUBLIC ENTITY
Any federal, state or local government or school district
or agency or authority created organized thereby.
(B) Prohibition against disorderly houses. It shall be unlawful for any
property owner, lessee or tenant to maintain, keep, lease or allow
a disorderly house, room or other premises in the Borough. Provided,
however, that the police service in connection with crimes against
residents and/or property by persons not residing or invited guests
or otherwise lawful occupants of private property shall not be considered
responses for purposes of the section.
(C) Declaration of public nuisance. Any such disorderly house, room or
other premises that shall be disruptive to the peace and well-being
of the surrounding and greater community is declared to be a public
nuisance.
(D) Procedure. After the second response to the same address in the preceding
sixty-day period, the Chief of Police shall, within five days, notify
the property owner, property manager, rental agent and/or tenant,
in writing, by either certified mail, posting or personal service,
of the Borough's intent to initiate charges with the District
Justice; and further, to allow said property owner, property manager,
rental agent, and/or tenant, an additional five-day period, commencing
on the date of service, to notify the Police Chief, in writing, of
said desire to meet with the Police Chief in an attempt to rectify
the condition(s). Upon timely receipt of such notification, the Police
Chief shall meet with the property owner, property manager, rental
agent and/or tenant, within five days thereafter and attempt to reach
an accommodation. Should the parties not be able to reach an accommodation
the Police Chief will proceed forthwith to initiate charges before
the District Justice.
(E) Violations and penalties.
(1)
Any property owner, property manager, rental agent and/or tenant
associated with a disorderly house, and/or all parties patronizing
or frequenting same, found guilty under the provisions of this chapter
shall be punished as provided in § 668.99.
(2)
Upon a conviction under the terms of this chapter, the Borough
may revoke the occupancy permit of any house or premises found to
be a disorderly house.
[Ord. 561, passed 5-11-1992; Ord. 757, passed 4-2-2012; Ord. 770, passed 3-4-2013]
(A) Any parent, guardian or adult person responsible for the care and
custody of a minor, who violates any provision of § 668.02,
shall be sentenced to pay a fine of not more than $600, and, in default
of payment, shall be subject to imprisonment for a term not to exceed
30 days.
(B) Any violation of § 668.04 shall be punishable via a fine
of $600 per violation.
(C) Any property owner, property manager, rental agent, and/or tenant
associated with a disorderly house, and/or all parties patronizing
or frequenting same, found guilty under the provisions of § 668.05
shall be fined not more than $300 for each offense and be imprisoned
for not more than 30 days per offense. Each visit to a property by
the police during any sixty-day period in excess of two shall be considered
a separate offense.