Borough of Boyertown, PA
Berks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Boyertown 9-8-1987 by Ord. No. 15-87. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 81.
Parks and recreation areas — See Ch. 132.

§ 136-1 Disorderly conduct.

[Amended 4-2-2001 by Ord. No. 2-01]
A person shall be guilty of disorderly conduct if he, with the intent to cause inconvenience or alarm to another person, or recklessly creates a risk thereof, or does any of the following:
A. 
Engage in fighting or threatening or in violent or tumultuous behavior;
B. 
Create or cause to be created any disturbance calculated to interfere with the comfort and repose of any person;
C. 
Obstruct the free passage of pedestrians or vehicles;
D. 
Obstruct, molest or interfere with any person lawfully in any public place;
E. 
Make unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to disturb the person to whom or in whose hearing they are made;
F. 
Appear in any public place manifestly under the influence of alcohol, narcotics or other drug not therapeutically administered to the degree that he may endanger himself or other persons or property or disturb persons in his vicinity;
G. 
Carry in a threatening or menacing manner, without authority of law, any pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles or slingshot or to conceal said weapon on or about the person or vehicle;
H. 
Carry any firearm, bomb, explosive substance, slingshot, handy-billy, dirk-knife, razor or any other deadly weapon concealed upon the person or any knife, razor or cutting instrument, the blade of which can be exposed in an automatic way by switch, push button, spring mechanism or otherwise, unless authorized by law; or
I. 
Operate radios, phonographs or other mechanical instruments, stereos or other electric equipment or to sing, shout or play musical instruments in a manner which usually disturbs the peace and quiet of the immediate neighborhood.

§ 136-1.1 Sound amplification systems in motor vehicles.

[Added 4-3-1995 by Ord. No. 8-95]
A person shall be guilty of disorderly conduct if he shall operate loud sound amplification systems in motor vehicles which are a safety hazard because operators of motor vehicles may be distracted thereby or may not hear emergency vehicles or warning signals or other traffic sounds. In addition, the use of loud sound amplification systems in motor vehicles is a nuisance annoying residents and others in the vicinity thereof. Therefore, no person operating occupying or otherwise in physical possession or control of a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system in the vehicle so that the sound is audible at a distance of 25 feet or more from the location of the vehicle.
A. 
Definitions.
(1) 
"Sound amplification system" shall mean any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of sound.
(2) 
"Audible" shall mean any sound, including bass reverberations, whether or not words are discernible.
B. 
This section shall not apply to the following sound amplification systems:
(1) 
A system operated to request medical or vehicular assistance or to warn of a hazardous road condition.
(2) 
A system in an emergency or public safety vehicle.
(3) 
A system in a vehicle owned and operated by the Borough of Boyertown or a gas or electric, communications or refuse company where the sound amplification system is being used in connection with official business.
(4) 
A system used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any person or assembly of persons in compliance with ordinances of the Borough of Boyertown.
(5) 
A system used in authorized public activities such as parades, fireworks, sports events, musical productions and other activities which have prior approval of the Borough of Boyertown.
(6) 
A vehicle theft alarm system.

§ 136-2 Intoxication.

No person shall be in an intoxicated condition on any sidewalk, alley, street, bridge or public passageway or place.

§ 136-3 Gambling.

A person shall be guilty of gambling if he shall perform the act of setting up, maintaining, opening or conducting any gambling place, gambling devices or gambling machines, including bagatelle tables, punch boards, bookmaking and/or paraphernalia pertaining to the same and to horse racing, and/or anything that is now or may be hereafter placed on the market, known or not known at this time by name, that will be construed as a gambling device, machine or article pertaining thereto; or any act of writing or selling numbers, collecting numbers as written by others or any act contributing to the nuisance of number writing, commonly referred to as the "number racket."

§ 136-4 Discharging a weapon.

No person, except those duly authorized by the Chief of Police, shall discharge any firearm, air rifle, spring gun or slingshot of any type whatsoever.

§ 136-5 Sounding false alarms.

No person shall perform an act of knowingly giving, turning in or raising or causing to be given or raised or turned in a false alarm for fire or police by ringing of firebells or the giving of any other common or recognized alarm.

§ 136-6 Obstructing officers in performance of duty.

No person shall knowingly, willfully or forcibly obstruct, resist or oppose any officer or other person duly authorized while serving or attempting to serve or execute any legal process or order or in making a lawful arrest or in maintaining order or in controlling movement of persons and vehicles.

§ 136-7 Malicious injury to property.

A person shall be guilty of malicious injury if he shall cause the following:
A. 
The felling, mutilating or otherwise wanton destroying of any trees or shrubbery or the fruit, flowers or seeds thereof growing upon any private property and not owned by the actor or along the streets, alleys or highways of the Borough or upon any property owned by the Borough.
B. 
The destruction, injuring or tearing down of any sign, door, doorbell or knocker, window, waterpipe, step, spouting, window shutters, fence, gate, monuments, tombstones or other real property located in the Borough and not owned by the actor.
C. 
The clogging or blocking of any street sewer or sanitary sewer or the tampering with or opening of any fire hydrant.
D. 
The affixing of any placard, poster, notice or advertisement of any kind upon any public building of the Borough or upon any pole erected by any telegraph, telephone, electric or street railway company upon any of the streets, sidewalks or alleys of the Borough, provided that nothing herein contained shall apply to official notices posted as required by law.
E. 
The defacing, disfiguring or writing upon, or in any manner causing to be placed on any house, fence, wall, building, structure, automobile or other auto vehicle or any part thereof, any marks, lines, figures, letters or caricatures of any kind without permission of the owner thereof.
F. 
The willful removal, injury or defacement of any sign, notice, marker or topographical survey monument erected or placed by the Borough of Boyertown.

§ 136-8 Littering.

A. 
A person shall be guilty of littering if he shall:
(1) 
Throw, drop or place or cause to be thrown, dropped or placed on any of the streets, alleys, sidewalks or other public places in the Borough any pamphlets, posters, circulars, bills, handbills or other advertising matter, paper, wood, metal or plastic trash or junk, building material and other assorted debris except in proper containers or in an accepted method of storage.
(2) 
Throw, discharge, dump, deposit, place or leave or cause to be thrown, discharged, dumped, deposited, placed or left upon any sidewalk, alley, street, bridge, public property, public passageway or public parking lot any waste material, garbage, refuse or any other trash of any kind.
B. 
Such prohibition shall apply to the aforesaid enumerated places in the Borough of Boyertown or other places owned by or under control of the Borough of Boyertown.

§ 136-9 Obstructing public ways.

No person shall place or erect upon any sidewalk, alley, street, bridge or public passageway in any building any obstruction of any type, provided that this chapter shall not be held to restrict the placing of temporary barriers or warning signs for the purpose of safeguarding the public.

§ 136-10 Trespassing.

No person shall trespass upon any land without the consent of the owner, lessee or occupant.

§ 136-11 Unauthorized posting.

No person, except a public officer legally authorized, shall fasten in any way any show card, poster or other advertising device upon any pole or structure without having obtained the consent of the owner.

§ 136-12 Ignoring barriers.

No person shall drive any vehicle of any type whatsoever on any alley, street, bridge or public passageway in violation of any sign or barrier prohibiting or controlling the passage of any vehicle or limiting the weight of any vehicle.

§ 136-13 Skateboards and other devices in public right-of-way.

[Amended 5-6-2002 by Ord. No. 4-02]
No person shall at any time ride a skateboard or any other unmotorized wheeled or rolling device or devices, including, without limitation, roller blades (but excepting bicycles), upon the cartway of any of the streets or alleys within the Borough, or upon any Borough-owned parking lot; nor shall any person at any time ride a skateboard, bicycle, or any other unmotorized wheeled or rolling device or devices, including, without limitation, roller blades, upon any of the sidewalks or sidewalk areas within the Borough in such a manner as to create a hazard to pedestrians lawfully thereon. Wheelchairs are specifically exempted from the prohibitions stated in this section.

§ 136-14 Alcoholic beverages; exemption.

[Amended 8-4-2008 by Ord. No. 03-08; 5-3-2010 by Ord. No. 02-2010]
A. 
No person while on any public or semipublic street, sidewalk, alley or similar area or while in any recreation area or other property owned or supervised by the Borough of Boyertown or any Borough authority shall consume any alcohol, liquor or malt or brewed beverages.
B. 
The following event is exempt from § 136-14A: The consumption of beer and wine only shall be permitted within a fenced, roped, tented or otherwise designated area at a "Building a Better Boyertown" event to be held in the Inner Core Parking Lot, one time per year, subject to the approval and conditions of Borough Council by resolution each time the event is proposed to occur and subject to the Borough's receipt of and a copy of any applicable and appropriate licenses from the Pennsylvania Liquor Control Board issued to "Building a Better Boyertown" and proof of liability insurance issued to "Building a Better Boyertown" naming the Borough of Boyertown as an additional insured and with coverages and amounts acceptable to Borough Council.

§ 136-15 Violations and penalties.

[Amended 4-5-1993 by Ord. No. 1-93]
Any person or persons violating any of the provisions of this chapter shall, upon conviction before any District Justice of the Commonwealth of Pennsylvania, be sentenced to pay a fine of not less than $25 nor more than $600 for each offense, with costs, and, if the amount of said judgment and costs shall not be paid, said person or persons shall suffer imprisonment in the Berks County Prison for a period not exceeding 90 days.