Borough of Brookhaven, PA Peace Disturbances

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.

§ 668.02 Minor's curfew.

[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.

§ 668.03 False alarms (Repealed). [1]

[1]

Editor's Note: Section 668.03 was repealed by Ord. 608, passed March 4, 1996. See Ch. 1066 of the Streets, Utilities and Public Services Code.

§ 668.04 Loitering.

[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.

§ 668.05 Disorderly houses.

[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.

FREQUENT REQUESTS FOR POLICE SERVICE

More than two responses to the same address in the preceding sixty-day period.

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.

§ 668.99 Penalty. [1]

[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.

[1]

Editor's Note: See § 202.99 for general code penalty if no specific penalty is provided.