[HISTORY: Adopted by the Borough Council of the Borough of Brentwood as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-2-1982 as Ch. VI, Part 3, §§ 110 and 112, of the 1982 Code of Ordinances]
[Amended 1-17-1989 by Ord. No. 975]
It shall be unlawful for any person or persons to act by themselves, or to cause any other person or persons to act, in any manner contrary to the provisions of this section by discharging, operating or otherwise using any weapon, as that term is defined in this section.
Definitions. For purposes of construction, administration and enforcement of this section, the following terms shall have the meanings indicated:
- Includes but is not limited to all devices defined as a projectile under the laws of the Commonwealth of Pennsylvania and all devices commonly defined or understood to be projectiles, including but not limited to bullets, BB's, pellets, buckshot, darts, arrows, rocks, stones and all other solid, rigid, plastic, deformable or other devices capable of being forcibly propelled or projected from the proximity of an actor or launching device at or toward an object, person, thing or target.
- Includes all devices, commonly defined as, or commonly understood to be a weapon, all devices capable of being used as a weapon, all devices capable of being operated to propel a projectile, all devices defined or classified as a weapon under any provision of the criminal laws of the Commonwealth of Pennsylvania, including but not limited to the Pennsylvania Crimes Code, 18 Pa.C.S.A. §§ 907, 908 and 6102, and all devices, including but not limited to any firearm, rifle, sidearm, pistol, air rifle, air pistol, bow or other archery device, revolver, knife, handy-billy, artificial knuckles, chemical mace, tear gas, chemical weapons or agents, sling shot, club, bludgeon, blackjack, slapjack, and all other similar devices.
The activities proscribed by this section, commission of which may result in prosecution for, and conviction of, a summary criminal offense punishable by imposition of a fine, cost of prosecution and/or a term of imprisonment, shall include the following:
Discharge of any weapon at any person with the intention of causing the death or bodily injury of that person, or with the intention, objective or result of causing in that person fear, alarm, apprehension, intimidation, coercion or duress.
With any of the intentions set forth above in Subsection C(1), the negligent discharge of any weapon. For purposes of construction, administration and enforcement of this section, the term "negligence," and the term "negligent," shall be defined and construed as that term is defined under the criminal laws of the Commonwealth of Pennsylvania and, includes but is not limited to the definition and construction of those terms as commonly used and commonly understood.
Intentional or negligent display or other use of any weapon in any manner with the intention, objective or result set forth in Subsection C(1), above.
Use of a weapon in any manner as proscribed in this section with the purpose, intent, objective or result of damaging the personal property or real property of another.
Any use of a weapon that reasonably might be anticipated to endanger the life, safety, health or welfare of any person or property, real or personal.
The provisions of this section shall not apply to:
Any police officer or any other person lawfully exercising the duties and functions of a police officer in the discharge of their law enforcement duties or other duties or rights.
Any other person acting lawfully, justifiably, carefully or prudently in the protection of their own life, health, safety or property, or in the justifiable protection of the life, health, safety or property of another.
It shall be unlawful for any person or persons willfully or maliciously to deface, destroy or injure any tree, shrub, bush or vine or any monument, tablet or memorial on or along any street, lane, alley, highway or on or within any public or private property with the limits of the said Borough of Brentwood.
[Added 2-4-1997 by Ord. No. 1091]
Any person, firm or corporation who or which shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs of prosecution and, in default of payment thereof, shall be imprisoned for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.
[Adopted 11-17-2005 by Ord. No. 1147]
Whoever enters upon the land, or building, or any part thereof, of another after receiving prior to such entrance notice from the owner or occupant that such entry is forbidden, or remains upon the land or building of another after receiving notice from the owner or occupant or duly authorized representative to depart, commits a violation of this article.
It shall be unlawful for any person or persons to loiter at street corners or on any public street, Borough-owned and -maintained properties including public parks, in front of a store, shop or place of amusement or in any shopping center or place of worship. It shall also be unlawful to obstruct the free passage of pedestrians or vehicles by loitering. Any such person or persons who are so loitering shall, when requested to disperse by any police officer or code enforcement officer of the Borough, shall move as requested and directed. Failure to so disperse shall be a violation of this article.
Loitering shall be defined as "remaining idle in essentially one location without being able to establish having a legitimate business or purpose in so remaining idle or by conduct exhibiting the absence of a lawful purpose in so remaining idle."
It is unlawful for any person to inscribe, draw or otherwise place upon the surface of any structure or wall which is publicly or privately owned any sign, symbol, marking, name, initial, word, diagram, sketch, pictures or letter without permission of the owner of the property. The above list is not to be a limitation but is merely illustrative of the items known as "graffiti." The provisions of this article shall not apply to federal, state or local government officials and employees or public or private utility official representatives and employees with respect to the posting or labeling of tax notices or other markings on buildings or other properties while in the course of their employment or in the performance of their official duties.
It shall be an affirmative defense to an alleged violation of the foregoing provisions if such activity was undertaken with a prior written consent of the owner of the property, demonstrating that the owner was aware of the content and method of the inscription to be placed on the structure or wall; however, no owner of property shall place or give permission to place on any property, real or personal, which is any public view, any signs, symbols, markings, drawings, names, initial, work diagram, sketch, picture or letter which incites violence by reference to a gang or criminal activity, depicts or expresses references to sexual activity, or contains defamatory material about a public or private person.
Graffiti as defined is a nuisance and is subject to abatement as follows:
Upon written notification by the Borough, the owner of the property upon which graffiti has been illegally placed shall remove the graffiti within seven working days from the date of notice.
A property owner may request in writing an extension of time to remove graffiti. Said request shall be in writing and specify the basis of the request. The Chief of Police of the Borough or his authorized representative shall make a determination, in writing, as to whether or not an extension shall be granted and for what period of time.
Failure of the property owner to remove the graffiti within the time specified shall be a violation of this article and subject to the provisions to the penalties set forth.
Where one or more persons are participating in a course of disorderly conduct which causes or may reasonably be expected to cause harm or serious inconvenience, annoyance or alarm, any public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. Any person who refuses or knowingly fails to obey such an order shall commit a violation of this article.
No person shall commit any of the following within the municipal boundaries of the Borough of Brentwood;
Maliciously, recklessly or knowingly damage, deface or destroy any property of another person;
Maliciously, recklessly or knowingly by means of firm or explosive device, damage, deface or destroy any property of another person;
Maliciously, recklessly or knowingly start a fire on the land of another person;
Maliciously, recklessly or knowingly deposit on the land or in the building of another person any offensive compound or material which interferes with the reasonable use and occupancy of the land or building by another;
Maliciously, recklessly or knowingly and without authority enter into any building, house, trailer, motor vehicle, aircraft, watercraft or any part thereof of another person.
If acts enumerated in the preceding paragraphs shall be performed by any person it shall be deemed a violation of this article.
Any person who, having no legal privilege to do so, intentionally or recklessly obstructs any highway, sidewalk or public or private passage, whether alone or with others, shall be in violation of this article.
If acts enumerated in the preceding paragraphs shall be performed by an unemancipated juvenile, the juvenile shall be deemed to have committed the offense or offenses enumerated in this section with the knowledge, consent, acquiescence and permission of the parent or legal guardian with whom he/she resides.
Any violation of this article shall be a summary offense and any person who violates this article, upon conviction, may be sentenced to pay a fine of up to $1,000 per occurrence.