[HISTORY: Adopted by the Board of Commissioners of the Town of Bridgeville 7-10-2006
by Ord. No. A06-4. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 114.
A.
No person shall loiter, loaf, wander, stand or remain
idle either alone or in consort with others in a public place in such a manner
so as to:
(1)
Obstruct any public street, highway, public sidewalk,
or any other public place or building by hindering or impeding or tending
to hinder or impede the free and uninterrupted passage of vehicles, traffic,
or pedestrians; or
(2)
Commit in or upon any public street, public highway,
public sidewalk, or any other public place or building any act or thing which
is an obstruction or interference to the free and uninterrupted use of property
or with any business lawfully conducted by anyone in or upon or facing or
fronting on any such public street, public highway, public sidewalk or any
other public place or building, all of which prevents the free and uninterrupted
ingress, egress and regress, therein, thereon and thereto.
B.
When any person causes or commits any of the conditions enumerated in Subsection A herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $50 nor more than $150 and shall pay the costs of prosecution.
A.
A person shall be guilty of disorderly conduct if, with
the purpose of causing public danger, alarm, disorder, nuisance or if his
or her conduct is likely to cause public danger, alarm, disorder, or nuisance,
he or she does any of the following acts in an unreasonable manner so as to
commit a breach of peace:
(1)
Creates a disturbance of the public order by an act of
violence.
(2)
Engages in fighting or in violent, threatening or tumultuous
behavior.
(3)
Makes any unreasonably loud noise.
(4)
Addresses abusive language or threats to any person present
which creates a clear and present danger of violence.
(5)
Causes likelihood of harm or serious inconvenience by
failing to obey a lawful order of dispersal by a police officer where one
or more persons are committing acts of disorderly conduct in the immediate
vicinity.
(6)
Damages, befouls or disturbs public property or property
of another so as to create a hazardous, unhealthy or physically offensive
condition.
(7)
Commits a trespass on public, semipublic or private property.
"Trespass," for the purpose of this chapter shall mean:
(a)
Entering upon or refusing to leave any public, semipublic
or private property of another, either where such property has been posted
with "NO TRESPASSING" signs or, where immediately prior to such entry or subsequent
thereto, notice is given by the owner or occupant, orally or in writing, that
such entry or continued presence is prohibited; or
(b)
Entering upon or refusing to leave any public or semipublic
property in violation of regulations promulgated by the official charged with
the security, care or maintenance of the property and approved by the governing
body of the public agency owning such property, where such regulations have
been conspicuously posted or where immediately prior to such entry or subsequent
thereto, such regulations are made known by the official charged with the
security, care or maintenance of the property, his agent or a police officer.
(8)
Is drunk or intoxicated in any public place or under
the influence of any narcotic drug in any public place.
(9)
Collects or assembles in crowds and bodies for unlawful,
mischievous purposes to the annoyance or inconvenience of others or is involved
in, incites or attempts to incite a riot.
(10)
Assembles and stands or sits in crowds or loiters about
or hinders, obstructs, impedes or blocks the free and uninterrupted passage
of any sidewalk, street, alley or driveway or in front of any place of business
or in any hall, stairway, office, courtroom or public hall or building or
any other public place in the Town and fails to disperse upon the command
of a police officer or other lawful authority.
(11)
Jostles or roughly crowds people unnecessarily in a public
place by being offensive to public order or decency.
(12)
Stands, loiters or strolls about in any public place
awaiting or seeking an opportunity to obtain money or things of value from
others by trick or fraud or to aid or assist therein.
(13)
Loiters, idles, is present or gathers with others in
or on any public property, private parking lot or other private property during
hours or times when such premises are posted as not being open to the general
public.
(14)
Utters any lewd or filthy words or uses any threatening
language toward any other person, or makes any obscene gesture to or about
any other person in any public place, which is likely to provoke the average
person to retaliation and thereby cause a breach of the peace.
B.
Any person violating any of the provisions of this section
shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be fined for the first offense not less than $50 nor more than $150 and shall
pay the costs of prosecution, and for each subsequent violation of any provision
of this section, such person shall be fined not less than $75 nor more than
$200 and shall pay the costs of prosecution. For all purposes of this section,
a subsequent violation, before being punishable as such, shall have been committed
within 30 days after the commission of the prior offense.
A.
No person shall disturb any lawful assembly, religious
service, memorial service, funeral, community event, or other lawful gathering
of people in any public or private area by noise, by talking, by rude and
indecent behavior, or by profane language within 1,000 feet of the place where
such event occurs.
B.
Any person violating any of the provisions of this section
shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be fined for the first offense not less than $50 nor more than $150 and shall
pay the costs of prosecution, and for each subsequent violation of any provision
of this section, such person shall be fined not less than $75 nor more than
$200 and shall pay the costs of prosecution. For all purposes of this section,
a subsequent violation, before being punishable as such, shall have been committed
within 30 days after the commission of the prior offense.
A.
APPLICANT
SPECIAL EVENT
Definitions. As used in this section, the following terms
shall have the meanings indicated:
The person or persons, organization, partnership, or corporation
required to apply for a permit under this section.
Any public assembly or gathering of people on public property, including
parks, streets, sidewalks, or other Town property, not officially sponsored
by the Town. By way of example and not limitation, "special event" includes
fairs, festivals, processions, protests, demonstrations, motorcades, parades,
rallies, concerts, religious gatherings, prayer services, and memorial services.
B.
License required. No special event shall occur unless
written notice and an application containing the following information is
submitted to the Town Manager at least 15 business days in advance of the
special event:
(1)
The character, time, place, and duration. If the special
event is a moving event, such as a parade or march, the application must show
the proposed route.
(2)
The names, addresses, and telephone numbers of the applicants,
organization, or persons responsible for the special event.
(3)
The purpose of the event and the estimated number of
participants and spectators. If the event is to include vehicles, the application
must state the number of vehicles estimated to participate.
C.
The Town Manager shall have any agency or department he or she reasonably believes should be informed of the special event review the application, including, but not limited to, the Police Department, the Fire Company and the Public Works Department. Within five business days of the application, the Town Manager shall do one of the following: approve the application; approve the application with specified limitations with respect to day, time, location, duration, and any other limitations based on the review by the agency or department comments, including incremental costs necessary to provide the public services necessary to support the special event; or deny the application in accordance with the standards set forth in Subsection D below.
D.
The Town Manager may deny or place reasonable limitations
on a special event for any of the following reasons:
(1)
The event will significantly disrupt traffic within the
Town, and no practical solution to such disruption is reasonably available.
(2)
The event will significantly interfere with access to
or egress from the fire station or other emergency services facility such
that emergency service will be unable to promptly respond to emergencies.
(3)
The location of the special event will cause undue hardship
to adjacent businesses, residents, or property owners.
(4)
The event will require the diversion of Town employees,
which would unreasonably deny service to the remainder of the Town.
(5)
The event will interfere with a previously scheduled
event.
(6)
The applicant has submitted materially incomplete or
false information.
(7)
Any other articulable, content-neutral reason narrowly
designed to advance a compelling and legitimate Town interest with regard
to the special event.
E.
Method of appealing any action of the Town Manager. Any
person aggrieved by the action of the Town Manager in approving, denying,
modifying or revoking a permit may appeal to the Commissioners of Bridgeville
by promptly filing with the Town Clerk a written statement setting forth fully
the grounds for such appeal. Upon receipt of the written appeal, the Town
Clerk shall set a time and place for hearing such appeal and shall immediately
notify the applicant of such hearing by telephone and United States mail,
postage prepaid, to the applicant at the address provided by the applicant
to the Town, or such notice shall be delivered by a police officer in the
same manner as a summons at least three days prior to the date set for the
hearing.
F.
Appeal hearing. At the appeal hearing, the applicant
and the Town Manager shall be entitled to present such evidence and arguments
as they deem appropriate in support of their respective positions; to cross-examine
witnesses; to be represented by legal counsel; and to request that witnesses
be sworn. The hearing shall be tape recorded, and the Commissioners shall
articulate the reasons for their decision. Strict rules of evidence shall
not apply to the conduct of such hearing, but the Commissioners may hear and
consider any relevant evidence which a reasonable person, in making important
decisions in his/her own life, would consider and rely upon in making such
decisions.
G.
Permit fee. The applicant shall pay a nonrefundable application
fee of $100 at the time of submission of the application.
H.
Penalties. Any person who conducts or participates in
a special event for which no permit has been issued or otherwise violates
any provision of this section shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined for the first offense not less than $50 nor more than
$150 and shall pay the costs of prosecution, and for each subsequent violation
of any provision of this section, such person shall be fined not less than
$75 nor more than $200 and shall pay the costs of prosecution. For all purposes
of this section, a subsequent violation, before being punishable as such,
shall have been committed within 30 days after the commission of the prior
offense.
