[HISTORY: Adopted by the Borough Council of the Borough of
Derry as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-15-2022 by Ord. No. 801]
As used in this article, the following terms shall have the
meanings indicated:
Any house, room, business or premises where frequent requests
for police service for noise, assaults, batteries, drinking of intoxicating
beverages, illegal drug usage and/or sale, loitering, gaming or other
misbehavior can be documented.
More than three responses to the same address in the preceding
ninety-day period.
It shall be unlawful for any property owner, lessee or tenant
to maintain, keep, lease or allow a disorderly house or premises in
the Borough of Derry.
Any such disorderly house or premises that shall be disruptive
to the peace and well-being of the surrounding and greater community
is declared to be a public nuisance.
After the third incident as defined above, the Chief of Police
or other designated person shall, within five days, notify the disorderly
house or premises resident and/or owner, in writing, by either certified
mail, posting, or personal service, of the Borough's intent to initiate
charges with the Magisterial District Judge; and further, to allow
said disorderly house or premises resident and/or owner an additional
five-day period, commencing on the date of service, to notify the
Police Chief, in writing, of said disorderly house or premises resident/owner's
desire to meet with the Police Chief in an attempt to rectify the
conditions to be cited. Upon timely receipt of such notification the
Police Chief shall meet with the disorderly house or premises resident/owner
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 Magisterial
District Judge.
A.
Any person
and/or legal entity, including, but not limited to, the owner, the
tenant, the keeper and all parties connected with the maintenance
of the disorderly house or premises, and all parties patronizing or
frequenting same, found guilty under the provisions of this chapter
shall be fined not less than $500 for each offense and be imprisoned
for not more than 30 days.
B.
Upon a
conviction under the terms of this article, the Borough may revoke
the occupancy permit of any house or premises found to be a disorderly
house or premises.
