[Adopted 5-15-2001 by Ord. No. 930]
The Borough Council finds and determines as
follows:
A.
That certain private properties require a disproportionate
amount of police service with many calls requiring response to maintain
order and public peace and safety and to stop public disturbances
at parties or other social events so that there is less police personnel
and resources available for other locations, emergencies and duties
within the Borough, thereby placing a disproportionate and unfair
burden upon the residents of the Borough.
B.
That the host of a disorderly party or other social
event and those persons attending such party or event should be held
criminally responsible for any public disturbances or other acts of
disorderly conduct thereat.
C.
That the owners of private properties derive a benefit
from the aforesaid police service.
D.
That owners of private properties have a responsibility
to manage their properties to minimize required police service to
maintain order and public peace and safety and to stop public disturbances,
to minimize the burden upon the residents of the Borough and to promote
the health, safety and welfare of the public in general.
E.
That owners of private properties can minimize required
police service to maintain order and public peace and safety and to
stop public disturbances by diligent and strict management and regulation
of their properties.
F.
That assessment of police service costs as provided
in this article is reasonable and will have a deterrent effect and
encourage more responsible management of private properties.
G.
That it is not the intent of this article to discourage
or suppress calls or requests for police service, but rather to encourage
and stimulate diligent and strict management and regulation of private
properties by the owners thereof and to promote the health, safety
and welfare of the residents of the Borough.
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended:
A gathering at which any public disturbance occurs.
Except for those that may otherwise be permitted or authorized
by the Borough Council, ordinance or statute, a party or event involving
a group of persons who have assembled or are assembling for a social
occasion or activity on private property.
The person who owns, leases or is otherwise in possession
and control of the private property where the gatherings takes place
and who organized, sponsored, conducted, hosted or permitted such
gathering or was otherwise in charge of such gathering.
The person, persons, corporation or other entity who holds
record title to the private property.
The cost to the Borough for police services rendered in responding
to a call at a disorderly gathering or otherwise maintaining order
and public peace and safety and stopping public disturbances at a
disorderly gathering including, but not limited to, the salaries and
other compensation of police officers, appropriate administrative
costs allocable thereto, prorated costs of equipment, the cost of
repairing damaged Borough equipment and property and the cost of any
medical treatment of injured police officers. This cost shall either
be fixed, from time to time, by Borough Council based upon an average
cost for a typical police response or be determined on a case-by-case
basis by the Police Chief of the Buffalo Valley Regional Police Department.
[Amended 4-17-2012 by Ord. No. 1014]
Any land, building or other structure, including single and
multifamily dwellings and commercial and industrial buildings, not
owned by a public entity.
Any act by a host or those persons attending a gathering involving public drunkenness, consumption of an alcoholic beverage in public, public urination or defecation, the unlawful deposit of trash or litter on public or private property, damage to or destruction of public or private property, the obstruction of public roads, streets, highways or sidewalks, interference with emergency or police services, unreasonable noise, use of profane or obscene language or gestures, indecent exposure, fighting or quarreling or any other act defined as "disorderly conduct" as defined in Article I, or which otherwise disturbs, annoys, injures or endangers the health, safety or welfare of the residents of the Borough residing in the neighborhood or vicinity of the gathering.
Any federal, state or local government, school district or
agency or authority created or organized thereby.
Any land, building or other structure owned by a public entity.
No host or person attending a gathering shall
commit any act of public disturbance. No host shall hold, conduct
or have a gathering where any act of public disturbance occurs or
continue a gathering where any act of public disturbance has occurred
or is occurring.
[Amended 4-17-2012 by Ord. No. 1014]
In addition to the right to file a citation against violators under and pursuant to the Pennsylvania Rules of Criminal Procedure, Buffalo Valley Regional Police Department police officers may also arrest a host or person attending a gathering who violates § 142-9 of this article; provided, that the police officer views the public disturbance and in the case of a host, the host is in attendance at the gathering at the time of such public disturbance, although nothing herein shall prevent a host from being cited for violation of § 142-9, whether or not any person attending the gathering is arrest or cited for a violation.
Any host or person who violated § 142-9 of this article shall be guilty of the offense of disorderly gathering and upon conviction thereon in a summary proceeding, be sentenced to pay a fine of not more than $1,000 and/or be imprisoned for a period not to exceed 90 days.
An owner is required to pay police service costs
to maintain order and public peace and safety and to stop public disturbances
for each response by the police to a disorderly gathering in excess
of one response during any thirty-day period of time.
[Amended 4-17-2012 by Ord. No. 1014]
Whenever the police are called to respond to a disorderly gathering for the purpose of maintaining order and public peace and safety and stopping public disturbances, the Police Chief of the Buffalo Valley Regional Police Department or his duly authorized designee shall notify the owner of the private property where the disorderly gathering took place and also the operator of such property if the owner has designated an "operator" in accordance with the Borough Property Maintenance Code (Chapter 152), by regular mail at the last known address of such owner and operator, that the police were called to respond to a disorderly gathering at the owner's property for the purpose of maintaining order and public peace and safety and stopping public disturbances and that if the police are again called to respond to a disorderly gathering at such property within 30 days after their initial response, such owner shall be required to pay police service costs to the Borough for such responses.
[Amended 4-17-2012 by Ord. No. 1014]
After the second response to a disorderly gathering within 30 days as provided in § 142-13 of this article, the Police Chief of the Buffalo Valley Regional Police Department or his duly authorized designee shall notify the Borough Treasurer, in writing, of the name and address of the owner of the private property where the disorderly gathering took place, the dates of the initial and subsequent response(s) and the total amount of police service costs incurred for or during such responses. The Borough Treasurer or his/her authorized designee shall then bill the owner for the said amount, which amount shall be due and payable to the Borough within 30 days of such billing.
Any police service costs which have not been
paid within 30 days of the billing therefor may be collected, together
with a penalty of 10% thereof and interest at the rate of 10% per
annum added thereto, by civil action against the owner and/or may
be imposed or assessed against the owner's private property as a municipal
claim as provided by law.
