[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]
A.
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.
B.
PROJECTILE
WEAPON
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.
C.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
D.
The provisions of this section shall not apply to:
(1)
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.
(2)
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.
A.
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.
B.
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."
A.
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.
B.
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.
C.
Graffiti as defined is a nuisance and is subject to abatement
as follows:
(1)
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.
(2)
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.
(3)
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.
A.
No person shall commit any of the following within the
municipal boundaries of the Borough of Brentwood;
(1)
Maliciously, recklessly or knowingly damage, deface or
destroy any property of another person;
(2)
Maliciously, recklessly or knowingly by means of firm
or explosive device, damage, deface or destroy any property of another person;
(3)
Maliciously, recklessly or knowingly start a fire on
the land of another person;
(4)
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;
(5)
Maliciously, recklessly or knowingly and without authority
enter into any building, house, trailer, motor vehicle, aircraft, watercraft
or any part thereof of another person.
B.
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.
A.
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.
B.
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.
