[HISTORY: Adopted by the Board of Supervisors
of Falls Township 3-16-1972. Amendments noted where applicable.]
A.
The following actions committed within Falls Township
are hereby determined to be disturbances of the peace and disorderly
practices:
(1)
To act in a violent or tumultuous manner toward another
whereby any person is placed in fear of safety of his life, limb or
health.
(2)
To act in a violent or tumultuous manner toward another
whereby the property of any person is placed in danger of being destroyed
or damaged.
(3)
To endanger the lawful pursuits of another by acts
of violence, angry threats and abusive conduct.
(4)
To jostle or roughly crowd or push any person in any
public place.
(5)
To use words derogatory to race or religion directed
toward any person who as a result becomes outraged and thus creates
a turmoil.
(6)
To throw any stone, snowball or any other missile
upon or at any vehicle, building, tree or other public or private
property, or upon or at any person in any public or private way or
place.
(7)
To throw any stone, snowball or any other missile
from any vehicle, either moving, stopped or parked, upon or at any
building, tree, sign or other public or private property, or upon
or at any person in any public or private way or place or enclosed
or unenclosed ground.
(8)
To assemble or congregate with another or others for
the purpose of engaging or with the intent to engage in gambling or
gaming.
(9)
To accost or attempt to force one's company upon any
female or male or attempt to pick up any female or male.
(10)
To make an appointment, solicit, offer or agree to
commit a lewd act or moral perversion or pose for nude photographs,
or to aid, abet, allow, permit or participate in the commission of
such act or acts.
(11)
To assemble or congregate with another or others for
the purpose of engaging or with the intent to engage in the illegal
sale, illegal use or illegal possession of alcoholic beverages or
narcotics or dangerous drugs.
(12)
To unlawfully congregate with another or others in
or on any public way so as to halt the flow of vehicular or pedestrian
traffic and to refuse to clear such public way when told to do so
by a police officer or other lawful authority.
(13)
To refuse or fall to comply with any lawful order,
signal or direction of a police officer or other lawful authority
in the performance of his lawful duty.
(14)
To physically hamper, obstruct, impede or interfere
with any police officer or other lawful authority while in the discharge
of his lawful duties.
(15)
To obstruct any fireman or any member of any fire
department while in the discharge of his duty or in any way hamper,
impede or interfere with him in the discharge of his duty.
(16)
To disturb or interfere with, by action or sound,
the quiet or good order of any place, public or private, including
but not by way of limitation schools, churches, libraries, reading
rooms and public buildings.
(17)
To utter in a loud or boisterous manner any offensive,
profane or indecent words or epithets in any public street or other
public place, public conveyance or place to which the public is invited,
which offensive, profane or indecent words or epithets shall include
but are not limited to:
(a)
Use of common words denoting or relating to
the questionable parentage of another.
(b)
Use of any derogatory words relating to the
privates of a male or female.
(c)
Use of any derogatory words relating to the
reproductive method of males and females, whether or not used in connection
with profane language.
(d)
Use of any derogatory words relating to the
method of sexual intercourse with relatives or strangers.
(18)
To enter upon the land or premises of any other person, whether such person is the owner or lessee of said land or premises, and willfully act in a disorderly manner by making loud and unseemly noises or by profane cursing or swearing or using obscene language as defined in Subsection A(17) herein, or acting in any other disorderly manner while thereon.
(19)
To lurk, lie in wait or conceal one's self in any
house or other building or in any yard, premises or street, with the
intent to do any mischief or to pilfer or to commit any crime or misdemeanor
whatever.
(20)
To loiter or prowl around a dwelling, house or business
or any other place used wholly or in part for living or dwelling purposes
or business, belonging to or occupied by another, or vacant building.
(21)
To discharge any gun or firearm except when legally
authorized or except at an established rifle range or except in defense
of person or property.
(22)
To discharge any fireworks or hold any pyrotechnic display without
legal authorization.
[Amended 6-19-2018 by Ord. No. 2018-2]
(a)
CONSUMER FIREWORKS
OCCUPIED STRUCTURE
PYROTECHNIC DEVICE
Definitions. As used in this section, the following terms shall
have the meanings indicated:
Any combustible or explosive composition or any substance
or combination of substances intended to produce visible or audible
effects by combustion that is suitable for use by the public and permitted
to be sold, possessed and used through the Commonwealth of Pennsylvania.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
Any device not classified as a firework which produces a
visible or audible effect by combustion for the purpose of entertainment,
including novelty devices.
(b)
Prohibited activities.
[1]
No person shall discharge fireworks on any public or private
property within 150 feet of any occupied structure. In the absence
of any occupied structure, use or storage of fireworks on public or
private property requires the express permission of the property owner.
[2]
No fireworks may be purchased, possessed, used or stored by
any person under 18 years of age.
[3]
No fireworks or pyrotechnic device shall be discharged within,
out of or toward any vehicle or building, or directed at any person.
[4]
No fireworks or pyrotechnic device shall be used by any person
under the influence of alcohol, controlled substance, or other drug.
(c)
Fireworks displays. No fireworks display involving display fireworks
shall be permitted within the Township absent a permit issued by the
designated Township official for the use of display fireworks in connection
with a permissible purpose under applicable laws and regulations.
No permit to use display fireworks shall be issued to any person under
21 years of age.
(23)
To mar, deface, destroy, injure, remove or tamper
with any sign, marker, poster, signal light, guardrail, tree, shrubbery
or other property or material placed in, at, along or near any private
place, public place, public highway, street or alley by the Township
or any of its officials or by the property owner or tenant.
(24)
To inhale, inject or ingest any liquid, vapor, powder
or solid, in its natural state or derived from or compounded from
any flower, plant, weed, seed, vegetable, fruit, mineral or chemical,
without the authorization of a licensed physician, for the purpose
of inducing or becoming intoxicated, stuporous, hallucinogenic, attaining
a state of euphoria or depression.
(25)
To physically hamper, obstruct, impede or interfere
with any member of a rescue squad while in the discharge or apparent
discharge of his lawful duties.
(26)
To falsely emit, sound, telephone or radio, or cause
such to be emitted, a call of fire, accident, death or disaster, resulting
in the dispatch of police, fire and rescue squad.
(27)
To willfully enter upon any land to hunt or fish or
for any other purpose without the permission of the owner, lessee
or occupant, which the owner, lessee or occupant has caused to be
prominently posted with printed notices that the said land is private
property and warning all persons against trespassing thereon.
(28)
To fail to remove one's self, after having willfully
entered upon any land to hunt or fish or for any other purpose, upon
the oral request by the owner, lessee or occupant.
(29)
To fail to remove one's self, after having willfully
entered into or upon any automobile, boat or other vehicle, upon the
oral request by the owner, lessee or occupant.
(30)
To falsely report to the Police Department or other
public office the occurrence of a crime, misdemeanor or summary offense.
(31)
To enter any public, commercial or private building
with the intent to commit a crime.
(32)
To attempt or to commit the crime of larceny.
(33)
To conspire with one or more persons to commit a crime.
(34)
To become intoxicated (as defined under the decisions
of Section 1037 of the Motor Vehicle Code, Act of April 29, 1959,
P.L. 58 § 1037, or as it may be amended and interpreted
in the future — Driving While Under the Influence,
etc.[1]) on any street or highway or any public place.
[1]
Editor's Note: Currently, see 75 Pa. C.S.A.
§ 3731.
(35)
To abuse or mistreat any animal.
(36)
To unlawfully possess narcotics and/or dangerous drugs.
(37)
To unlawfully possess a firearm.
(38)
To transport or possess on one's person or in a motor
vehicle any alcoholic beverage in an open container in or upon the
streets, sidewalks, alleys, public ways, parking areas of private
shopping centers, parks or playgrounds in the Township of Falls.
[Added 12-27-1984 by Ord. No. 84-9]
(39)
To consume any alcoholic beverage in or upon the streets,
sidewalks, alleys, public ways, parking areas of private shopping
centers, parks or playgrounds in the Township of Falls.
[Added 12-27-1984 by Ord. No. 84-9]
(40)
It shall be unlawful to loaf, loiter or stand upon
any of the sidewalks, roads or other public highways or places or
in any way interfere with free and full passage of vehicular or pedestrian
traffic thereon.
[Added 8-10-1989 by Ord. No. 89-10]
(41)
It shall be unlawful to operate a motor vehicle on
any trafficway (as that term is defined in 75 Pa.C.S.A. § 102)
carelessly or without due caution and circumspection, in a manner
so as to endanger or be likely to endanger a person or persons and/or
property.
[Added 8-10-1989 by Ord. No. 89-10]
(42)
It shall be unlawful to engage in unnecessary repetitive driving, also known as "cruising," in the areas set forth in § 170-1A(42)(a) of the Falls Code as designated areas. The person in control of the motor vehicle at the time of the unlawful behavior shall be deemed to be the person who has violated this section. If the owner of the motor vehicle in question is present in that vehicle during the time that it is engaged in unlawful activity as defined in this section, then the owner of the motor vehicle shall be deemed to be the person who has violated this section even if he/she is not the driver of the motor vehicle at the time of the incident in question. Should the owner of the motor vehicle in question not be present in the vehicle at the time of the violation of this section, then the person actually operating the motor vehicle at the time of the violation shall be deemed the person in control of the motor vehicle and shall be the person held responsible for violation of this section.
[Added 10-26-1989 by Ord. No, 89-15]
(a)
CRUISING
DESIGNATED AREA
PROHIBITED HOURS
TRAFFIC CONTROL POINT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Driving a motor vehicle past a traffic control point more
than twice in any two-hour period during the prohibited hours on a
street that has been designated by the Township of Falls as a designated
area. Any person who causes a motor vehicle to pass a designated traffic
control point a third time within the aforesaid two-hour period shall
be deemed to be engaged in unnecessary repetitive driving and in violation
of this section.
A trafficway or public thoroughfare and/or portion of a trafficway
or a public thoroughfare designated by the Board of Supervisors of
Falls Township from time to time. The Board shall consider those trafficways
and public thoroughfares and/or portions of trafficways or public
thoroughfares on which repetitive and unnecessary driving of motor
vehicles results in noise, air pollution and congestion. A designated
area shall be clearly marked with permanent fixed signs advising the
public that the area is subject to regulation under the Falls Township
Anti-Cruising Ordinance. The initial designated areas are as follows:
That period of time between 8:00 p.m. and 4:00 a.m. during
each day.
A clearly identified reference point as determined and marked
from time to time by the Falls Township Police Department.
(b)
Exclusions. This section shall not apply to
any municipal, emergency, police, fire, ambulance or other governmental
vehicle when the same is being operated in an official capacity. Similarly,
this section shall not apply to any duly licensed public transportation
vehicle nor to any vehicle utilized for business and/or commercial
purposes if, at the time of the activity which would otherwise violate
this section, such vehicle is in fact being operated for business
and/or commercial purposes.
(43)
To unlawfully use or possess alcoholic beverages,
narcotics, dangerous drugs or drug paraphenalia.
[Added 1-25-2001 by Ord. No. 2001-1]
(44)
To use or possess illegal drug paraphenalia.
[Added 1-25-2001 by Ord. No. 2001-1]
Any person who shall violate any subsection
of this chapter may be charged with the offense of disorderly practices
and, on conviction thereof, may be found guilty of disorderly practices.
[Amended 12-1-1977 by Ord. No. 77-9; 7-28-1988 by Ord. No. 88-13; 1-25-2001 by Ord. No. 2001-1]
Any person who violates or permits a violation
of this chapter shall be guilty of a summary violation and, upon conviction,
shall be sentenced to pay a fine of not more than $1,000, plus all
court costs, including reasonable attorney's fees, incurred by the Township
in the enforcement of this chapter. Each day a violation exists shall
constitute a separate offense. In default of the payment of any fine,
the defendant shall be sentenced to imprisonment to the extent allowed
by law for the punishment of summary offenses. Further, the appropriate
officers or agents of the Township are hereby authorized to file a
citation for such summary violation and seek any other available relief
at law or equity, including injunction, to enforce compliance with
this chapter.
[Added 12-4-2018 by Ord.
No. 2018-07]
A.
DUMPSTER
PORTABLE STORAGE UNIT (PSU)
UNIT
Definitions. For the purpose of this section, the following terms
shall be defined as follows:
A trademarked brand of a large metal bin for disposal of
refuse, to be temporarily located on a property, designed to be hoisted
onto a specially equipped truck for emptying or hauling away of the
refuse contained therein, or any similar device such as a "Bagster."
Any portable structure, not self-propelled, designed to store
personal belongings outside of a principal structure on a property,
whether constructed of inflexible or flexible material. By way of
illustration only, such structures shall include, but shall not be
limited to, those structures known and labeled as "PODS®" or "PACK-RAT."
Either a portable storage unit or a dumpster, as those terms
are defined above.
B.
Applicability. The provisions of this section pertaining to permitting,
duration, time limitations, time extensions and number of units allowed
on a property shall not apply to work performed in accordance with
duly issued demolition and/or construction permits. Units used in
conjunction with such permits shall be removed from the property when
the work subject to the permit is completed.
C.
Permit required; application; fee. Before placing a unit on a property,
the property owner must submit an application and receive a permit
from the Township Code Enforcement Department. There shall be a fee
for obtaining a permit in accordance with the Falls Township Fee Schedule,
as amended from time to time. No permit fee shall be incurred for
placement of a unit for 30 days or less.
D.
Duration. Any unit placed in the public right-of-way at the applicant's
address shall be so located for a maximum of 30 days, including the
days of delivery and removal. A unit located at the applicant's address,
if placed outside the public right-of-way, shall be so located for
a maximum of 60 days, including the days of delivery and removal.
At the expiration of either period, permittee may request an extension
of the permit for not more than two additional thirty-day periods
by submitting a written request for an extension, for cause, from
the Township Code Enforcement Department. The cost of extending a
permit is payable at the time of filing the application for an extension,
in accordance with the Falls Township Fee Schedule, as amended from
time to time.
E.
Exceptions. No extensions shall be granted in excess of 90 days,
including the initial term of the permit, except upon written application
of the property owner setting forth sufficient information to justify
the extension, and stating the duration of the requested extension.
F.
Location.
(1)
The placement of a unit in the public right-of-way or the front yard of a residential property is prohibited, except as provided in Subsection F(2), below. Units must be placed, whenever possible, in the driveway of the property at the furthest accessible point from the street. The required off-street parking space(s) shall at all times be maintained if a unit is placed in a parking area. The applicant must obtain prior approval of the location of the unit by the Township Code Enforcement Department if the property does not have a driveway.
(2)
In those situations where placement of a unit on a property as provided for in Subsection F(1) is not feasible, a property owner shall be permitted to place a unit in a public right-of-way, provided that such placement shall not obstruct any lane of travel, and provided further that the unit is marked with hazard warning placards as directed by the Township Code Enforcement Department. Additionally, placement of a unit in the public right-of-way must be approved by the Police Department, in addition to the Township Code Enforcement Department.
G.
Number and size of units. No more than one portable storage unit
and one dumpster may be placed on a residential property at one time.
If placed in the public right-of-way the unit may not exceed 30 cubic
yards; otherwise the unit may not exceed eight feet six inches in
height, 10 feet in width, or 22 feet in length. If more units than
permitted are needed at the property the applicant must provide in
writing sufficient information to justify the need for the additional
number of units.
H.
Condition of units. The applicant, as well as the person or entity
supplying the unit, shall be responsible for ensuring that the unit
is maintained in reasonably good condition, free from evidence of
damage caused by other than normal wear and tear. In no event shall
a use of a unit marked with graffiti or containing holes, tears, or
punctures be permitted.
I.
Restoration. Upon the removal of the unit, it is the applicant's
responsibility to restore any damage to the street, right-of-way or
property caused by the unit to pre-unit conditions.
J.
Storage of certain materials in portable storage units prohibited.
No portable storage unit shall be used to store solid waste, construction
debris, demolition debris, recyclable material, business inventory,
commercial goods, or any illegal or hazardous material. Upon reasonable
notice to the applicant, the Township may inspect the contents of
any portable storage unit, at any reasonable time, to ensure that
it is not being used to store prohibited materials.
K.
Removal of units. Any unit that is not removed at the end of the
time for which it may lawfully remain in place, or immediately upon
the direction of the Township Code Enforcement Department for removal
of such unit for safety reasons, may be removed by the Township immediately,
without notice, and the cost of such removal, together with the cost
of the administration of its removal, may be assessed against the
property of which the unit was located and may be filed as a lien
against such property.
L.
Violations; penalty. Any person or entity violating the provisions
of this section shall be guilty of a summary offense, and, upon conviction
before the local District Justice, shall be sentenced to pay a fine
of not less than $300 nor more than $1,000, plus court costs.
