[HISTORY: Adopted by the Mayor and Council of the Borough of Clayton 6-13-2002 by Ord. No. 8-02. Amendments noted where applicable.]
GENERAL REFERENCES
Graffiti — See Ch. 62.
Littering — See Ch. 66.
The title of this chapter shall be "Peace and Good Order."
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location, and includes the concepts of spending time idly, loafing or walking about aimlessly, and also includes the colloquial expression "hanging around."
PARENT or GUARDIAN
Includes any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Any place to which the public has access, including any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any shop, store, restaurant, tavern or other place of business and public grounds, areas and parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section, or, in the case of a minor, not owned by or under the control of his or her parent or guardian.
B. 
Certain types of loitering prohibited.
(1) 
No person shall loiter in a public place in such a manner as to:
(a) 
Create or cause to be created a danger or a breach of the peace.
(b) 
Create or cause to be created any disturbance or annoyance to 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. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature which are calculated to annoy or disturb persons to whom or in whose hearing they are made.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(2), regarding loitering on private property, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
No person shall loiter on the streets or other public places of said Borough, and no person shall, on said streets or in such public places or from any private property or in any private or public conveyances within said Borough, indulge in and utter loud and offensive or indecent language or shall address or make audible any offensive remarks or comments upon any person passing along such streets or public places or in any public or private conveyances or upon private property.
(4) 
No person shall obstruct or interfere with any person or persons lawfully being in or upon such streets or public places or such private or public conveyances or upon private property.
C. 
Loitering by minors. No parent or guardian of a minor under the age of 18 years shall knowingly permit his or her minor to loiter in violation of this section.
D. 
Discretion of police. Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions listed above, he or she may, if he or she deems it necessary for the preservation of the public peace and safety, order that person to leave the 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. 
Violations and penalties.
(1) 
Notice of violation. Whenever any minor under the age of 18 years is charged with a violation of this section, his or her parent or guardian shall be notified of this fact by the Chief of Police or by any other person designated by him or her to give such notice.
(2) 
Repeated violations. If at any time within 30 days following the giving of notices as provided above the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with knowledge and permission of his or her parent or guardian.
(3) 
Violations and penalties. Any person violating any of the provisions of this section shall, upon conviction, be punished as provided in § 68A-14 of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
It shall be unlawful for any person to consume any alcoholic beverage or to possess any alcoholic beverage in an open container with intent to consume the same on any sidewalk, street, avenue, highway, public parking lot or other public place, or in any motor vehicle not on private property, within the Borough of Clayton at any time.
B. 
It shall be unlawful for any person to consume any alcoholic beverage or to possess any alcoholic beverage in an open container with intent to consume the same on any parking lot, yard or other open area which is open to the public or to which the public is invited at any time.
C. 
It shall be unlawful for the owner or any other person in control of any such parking lot, yard or other open area which is open to the public or to which the public is invited as described in Subsection B above to knowingly permit or suffer the consumption or possession in an open container with intent to consume of any alcoholic beverage on said premises by any person at any time.
No person shall willfully and maliciously ring or cause to be rung any fire company in the Borough of Clayton and thereby give or cause to be given a false alarm of fire, or shall willfully and maliciously send a message of false alarm of fire by telephone or by any other method.
A. 
No person shall cast or throw any stick, stone or other substance, or shall shoot from any air gun, pistol or rifle any shot or ball, at, against or into any car, automobile, person or property of another, nor shall any person place any stick, stone or other substance upon any street or highway.
B. 
No person shall shoot from any air gun, pistol or rifle any shot or ball from any property unless duly licensed, authorized or legally permitted to do the same.
No person shall maliciously destroy, damage or injure any property.
No person shall enter any building or trespass upon lands belonging to the Board of Education of the Borough of Clayton or shall break or injure or deface such building or any part thereof or the fences or outbuildings belonging to or connected with such building or lands, or shall disturb the exercises of such school or molest or annoy the children attending such school or any teachers thereof.
[1]
Editor's Note: Former § 68A-8, Littering public and private property, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person shall appear in any street or public place in a state of nudity or in dress not belonging to his or her sex or in indecent or lewd dress or shall make any indecent exposure of his or her person or be guilty of any indecent exposure of his or her person or be guilty of any indecent or lewd act or behavior or shall exhibit, sell or offer to sell any indecent or lewd book, picture or thing or shall exhibit or perform any indecent, immoral or lewd play or representation.
No person shall urinate in any street or public place in the Borough of Clayton.
A. 
The making, creation or permitting of any unreasonably loud, disturbing and unnecessary noise in the Borough of Clayton is hereby prohibited.
B. 
The making, creating or permitting of any loud and unnecessary noise of such character, intensity and duration as to be detrimental to the life, health and welfare of any individual or which, either steadily or intermittently, annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual is hereby prohibited.
C. 
An owner, landlord or tenant, as hereafter defined, shall be guilty of permitting the conduct proscribed by Subsections A and B above if he assists, aids, abets or suffers such conduct by others upon his premises, either by overt act, by failure to act or by lack of supervision and control over others upon his premises. For purposes of this section, the following definitions shall apply:
LANDLORD
Any person or persons who own or purport to own any building, structure or complex of buildings or structures in which there is rented or offered for rent housing space for living or dwelling purposes under either a written or oral lease.
OWNER
The person or persons who own or purport to own any building, structure or complex of buildings or structures.
TENANT
Any person or persons who occupy or have the right to occupy any building, structure or complex of buildings or structures under either a written or oral lease.
No person shall, within the limits of said Borough, hinder or obstruct any Borough officer in the performance of his duties, nor shall any person willfully refuse or neglect to assist any Borough officer when lawfully called upon by him so to do in the execution of any process or in the suppression of any breach of the peace or disorderly conduct or in case of an escape or when such officer is resisted in the discharge of his duty, nor shall any person knowingly resist or oppose any officer or person authorized by law in serving or attempting to serve any writ, bill, order to process or when making any arrest, either with or without a warrant.
Any person who shall misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any licensees or any employee of any licensees to sell, serve or deliver any alcoholic beverage to a person under the legal age shall be deemed and adjudged to be a disorderly person.
Each and every person violating any of the provisions of this chapter shall, upon conviction thereof, pay a fine of not less than $100 and not more than $2,000 or by imprisonment for not more than 90 days or by serving a period of 90 days of community service, or both, in the discretion of the court.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 4-28-2016 by Ord. No. 7-2016]
No individual, person, corporation, business entity, partnership or sole proprietor shall, on any day of the week or weekends between the hours of 7:00 p.m. and 7:00 a.m., perform any excavation, demolition, construction, alteration, repair or any other type of building operation which is within 1,000 feet of any dwelling or business property, nor operate or use any steam shovels, earthmoving equipment, tractors, excavators, pneumatic hammers, pile drives, derricks, steam, hydraulic or electric hoists or any tools or equipment which shall make any loud or disturbing noise, except in cases of urgent necessity in the interests of public safety, and then only upon obtaining a permit from the Building Inspector.