[Ord. 8187, passed 6-23-2016]
(a) Findings. The City of New Castle has determined that bullying and
harassment disrupt the safe environment in the City; interfere with
one's ability to succeed or excel in a safe environment in the
City and interfere with one's ability to participate in or benefit
from programs, activities, work sites and opportunities offered to
the community. The City of New Castle further finds that it is in
the public interest to assure that every person is valued and respected
regardless of Perceived differences, and may live free fro bullying,
harassment and intimidation.
[Ord. 8187, passed 6-23-2016]
(a) As used in this section, the following terms shall have the following
meanings, unless the context clearly indicates that a different meaning
is intended:
(1)
BULLYING — A form of harassment and is defined as an intentional
course of conduct which is reasonably likely to intimidate, emotionally
abuse, slander, threaten or intimidate another person and which serves
no legitimate purpose. Bullying may occur in person or over any form
of telephone and digital communication, including, but not limited
to, "cyber-bullying" over the internet through email or on social
media websites among other means, mobile phones and land lines.
(2)
COURSE OF CONDUCT — A pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose.
(3)
HARASSMENT — A conduct; whether verbal, physical, written
or by means of any mode of communication; which:
A.
Is prohibited by Section 2709 of Pennsylvania Criminal Statutes;
or
B.
Is any intentional course of conduct which is likely to create
an intimidating, hostile or offensive environment, and which serves
no legitimate purpose.
[Ord. 8187, passed 6-23-2016]
It shall be unlawful for any person to engage in any bullying
or harassment of a person or induce another person to engage in such
bullying or harassment.
[Ord. 8187, passed 6-23-2016]
No person shall retaliate against any person who reports any
conduct which is prohibited by this section.
[Ord. 8187, passed 6-23-2016]
This section shall not be construed to apply to any constitutionally
protected activity or speech.
[Ord. 8187, passed 6-23-2016]
It shall be unlawful for any custodial parent or guardian of any unemancipated person under 18 years of age to allow or permit such person to violate the provisions of Section
718.03 above. The fact that prior to the present offense a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of Section
718.03 by the same minor occurring within 90 days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
[Ord. 8187, passed 6-23-2016]
Any person who shall violate any provision of this section shall
be considered a non-traffic summary violation with a first-offense
fine set by the Magisterial District Judge, but no more than $100.
Second and any subsequent offenses shall contain a fine set by the
Magisterial District Judge of no less than $200.