Disorderly conduct, as defined in the Pennsylvania Crimes Code
of 1972 (18 Pa.C.S.A. § 5503), is hereby prohibited within
the Borough. A person is guilty of disorderly conduct if he:
A. Engages in fighting or in threatening, violent or tumultuous behavior.
B. Makes unreasonable noise.
C. Creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose of the actor, provided, as used
in this section, the word "public" means affecting or likely to affect
persons in a place to which the public or a substantial group has
access. Among the places included are streets, alleys and sidewalks,
transport facilities, schools, prisons, apartment houses, places of
business or amusement, any neighborhood, or any premises which are
open to the public.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Borough correctional facility for a period not exceeding
10 days or to the 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 Carbon County.