[HISTORY: Adopted by the Borough Council
of the Borough of Wilkinsburg 5-25-1994 as Ord. No. 2459. Amendments
noted where applicable.]
A.
Offense defined. A person is guilty of disorderly
conduct and disturbance of the peace if, with intent to cause public
inconvenience, annoyance or alarm or recklessly creating a risk thereof,
they:
(1)
Engage in fighting or threatening or in violent or
tumultuous behavior or incite others to fight or quarrel;
(2)
Make any unreasonably loud, boisterous and unseemly
noise or disturbance to the peaceful residents nearby;
(3)
Use obscene or indecent language or make an obscene
or indecent gesture; or
(4)
Create a hazardous or physically offensive condition
by any act which serves no legitimate purpose of the actor.
B.
Definition. As used in this section, the word "public"
means affecting or likely to affect persons in a place to which the
public or substantial group has access; among the places included
are highways, transport facilities, schools, prisons, apartment houses,
places of business or amusement, any neighborhood, streets, parks
or alleys or any premises which are open to the public.
C.
Violations and penalties. Any person who shall violate
any provision of this section shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 and costs of prosecution and,
in default of payment of such fine, to imprisonment for not more than
30 days. The Borough may institute proceedings under this section
by the issuance of a "notice of violation letter," assessing a civil
penalty ranging from $10 to $1,000 for each offense, and provide the
parties in violation of said Code section the opportunity to abate
the violation and pay said civil penalty in lieu of the institution
of proceedings and the imposition of the other stated penalties set
forth herein.
[Amended 5-9-2012 by Ord. No. 2892]
A.
Offense defined. A person is guilty of public drunkenness
if said person appears in public manifestly under the influence of
alcohol, any narcotic or other drug, not therapeutically administered,
to the degree that he or she may endanger himself or other persons
or property or annoy persons in his or her vicinity.
B.
Violations and penalties. Any person who shall violate
this section shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 and costs of prosecution and, in default
of payment of such fine, to imprisonment for not more than 30 days.
The Borough may institute proceedings under this section by the issuance
of a "notice of violation letter," assessing a civil penalty ranging
from $10 to $1,000 for each offense, and provide the parties in violation
of said Code section the opportunity to abate the violation and pay
said civil penalty in lieu of the institution of proceedings and the
imposition of the other stated penalties set forth herein.
[Amended 5-9-2012 by Ord. No. 2892]
[Amended 11-18-2009 by Ord. No. 2827]
A.
LOITERING
PUBLIC PLACE
Definitions. As used in this section, the following terms shall have
the meanings indicated, unless a different meaning clearly appears
from the context:
Remaining idle essentially in one location without being
able to establish legitimate business or purpose in so remaining idle;
lingering; spending time idly, loafing, or walking about aimlessly
in one vicinity or neighborhood; or "hanging around."
Any place to which the public has access, including any public
street or public sidewalk, any point within 100 feet of a school,
parking lot, store, restaurant, bank or other financial institution,
post office, place of worship, or other place of business.
B.
Group loitering. On any public street, including sidewalks thereof
(and walls, steps or points immediately adjacent thereto, so as to
minimize evasion), it shall be unlawful for three or more persons
as a group or as interacting individuals or groups to linger for more
than 10 minutes under circumstances that tend to annoy and/or alarm
persons in that vicinity or warrant alarm for the safety of property
in that vicinity.
C.
Loitering prohibited. No person shall loiter in a public place in
such manner as to:
(1)
Create or cause to be created a danger of a breach of the peace;
(2)
Create or cause to be created any annoyance to any person or persons;
(3)
Obstruct the free passage of pedestrians or vehicles;
(4)
Obstruct, molest or interfere with any person lawfully in any public place as defined in Subsection A of this section. This shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
D.
Request to leave. Whenever the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Subsection C of this section, any police officer may order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
E.
Penalties.
(1)
Any person found to be in violation of Subsection C of this section shall be cited for committing a violation of this section, payable by a fine of $100 plus costs for the first offense, a fine of $200 plus costs for the second offense, and a fine of $300 plus costs for the third and subsequent offenses.
(2)
Any person, firm or corporation who shall violate any provision of
this section, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, a term of imprisonment not to exceed 30 days
may be imposed following a hearing in accord with 42 Pa.C.S.A. § 9730.
Each day that a violation of this section continues shall constitute
a separate offense.
(3)
The
Borough may institute proceedings under this section by the issuance
of a "notice of violation letter," assessing a civil penalty ranging
from $10 to $1,000 for each offense, and provide the parties in violation
of said Code section the opportunity to abate the violation and pay
said civil penalty in lieu of the institution of proceedings and the
imposition of the other stated penalties set forth herein.
[Added 5-9-2012 by Ord. No. 2892]
A.
Offense defined. A person shall be guilty of keeping,
maintaining or visiting a disorderly premises and/or a public nuisance
in the Borough of Wilkinsburg if such a person is found on the premises
or found to be the owner(s) or keeper(s) thereof.
B.
Definitions.
(1)
A disorderly premises shall be defined as follows:
(a)
All houses of prostitution;
(b)
All houses frequented by persons for lewd unchaste
purposes or for drinking, use of drugs or narcotics of any kind or
misbehavior or the common nuisance and disturbance of the neighborhood
or orderly citizens;
(c)
All houses and places where intoxicating liquors
are sold without license or made available to minors or others contrary
to the laws of this commonwealth or where persons gather or visit
unlawfully for any unlawful purpose or practice;
(d)
All houses and places frequented by persons
for gaming, gambling or where slot machines and other games of chance
are unlawfully maintained and operated.
(2)
A public nuisance property shall be defined as follows:
(a)
Any structure or building within the Borough
of Wilkinsburg that, as a result of deteriorated condition or by actions
committed by the occupants of a dwelling, constitutes a danger to
public health, safety or welfare; or constitutes an attractive nuisance
to children; or, as a result of the actions of the occupants, may
cause injury to persons or property; or, as a result of the actions
of the occupants, may cause the laws of the commonwealth or the Borough's
ordinances to be violated.
(b)
Any property, in whole or in part, used or intended
to be used to facilitate any violation of the Act of April 14, 1972
(P.L. 233, No. 64), known as the "Controlled Substance, Drug, Device
and Cosmetic Act,"[1] or similar act of the United States or any other state.
[1]
Editor's Note: See 35 P.S. § 780-101
et seq.
(c)
Any property, in whole or in part, used or intended
to be used to facilitate the use, sale, distribution, storage, transportation
or manufacture of any controlled substance in violation of the aforementioned
Act of April 14, 1972 (P. L. 233, No. 64).
C.
Violations and penalties. It shall be unlawful for
any person to keep a disorderly premises or public nuisance or to
visit a disorderly premises or public nuisance, as defined herein,
within the Borough of Wilkinsburg. Any person convicted of violating
this section shall, upon conviction, be subject to a fine not exceeding
$600, plus the cost of prosecution, and, in default of payment thereof,
shall be subject to imprisonment for a period not to exceed 30 days.
The Borough may institute proceedings under this section by the issuance
of a "notice of violation letter," assessing a civil penalty ranging
from $10 to $1,000 for each offense, and provide the parties in violation
of said Code section the opportunity to abate the violation and pay
said civil penalty in lieu of the institution of proceedings and the
imposition of the other stated penalties set forth herein.
[Amended 5-9-2012 by Ord. No. 2892]
A.
Offense defined. No person shall, except in necessary
defense of person and property and except for legally authorized police
activity, fire or discharge any gun or other firearm within the limits
of the Borough of Wilkinsburg.
B.
Violations and penalties. Any person who shall violate
any provision of this chapter shall, upon conviction, be subject to
a fine not exceeding $600 and costs of prosecution and, in default
of payment thereof, shall be subject to imprisonment for a period
not to exceed 30 days. The Borough may institute proceedings under
this section by the issuance of a "notice of violation letter," assessing
a civil penalty ranging from $10 to $1,000 for each offense, and provide
the parties in violation of said Code section the opportunity to abate
the violation and pay said civil penalty in lieu of the institution
of proceedings and the imposition of the other stated penalties set
forth herein.
[Amended 5-9-2012 by Ord. No. 2892]
[Added 6-3-2009 by Ord. No. 2812]
A.
A person
who is the owner of a handgun that is lost or stolen shall report
the loss or theft to an appropriate local law enforcement official
within 24 hours after discovery of the loss or theft.
B.
Any person
who violates this section shall, upon conviction, be subject to the
following:
(1)
For
the first violation, a fine of not more than $500, and costs of prosecution
and mandatory participation in an educational/training program on
handgun safety.
(2)
For
the second and subsequent violations thereafter, a fine of not more
than $1,000 for each violation and costs of prosecution, or imprisonment
for a period not to exceed 30 days, or both.
(3)
For
default of payment thereof, imprisonment for a period not to exceed
30 days.
C.
The Borough
may institute proceedings under this section by the issuance of a
"notice of violation letter," assessing a civil penalty ranging from
$10 to $1,000 for each offense, and provide the parties in violation
of said Code section the opportunity to abate the violation and pay
said civil penalty in lieu of the institution of proceedings and the
imposition of the other stated penalties set forth herein.
[Added 5-9-2012 by Ord. No. 2892]
