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Borough of East Stroudsburg, PA
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of East Stroudsburg 11-1-2005 by Ord. No. 1167, approved 11-1-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Codes and code enforcement — See Ch. 73.
Noise — See Ch. 109.
Peace and good order — See Ch. 117.
Zoning — See Ch. 157.
The Council of the Borough of East Stroudsburg 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 event so that there is less police personnel and resources available for other locations, emergencies, and duties within the Borough of East Stroudsburg, thereby placing a disproportionate and unfair burden upon the residents of the Borough of East Stroudsburg;
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 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 of East Stroudsburg, and to promote the health, safety, and welfare of the public in general;
E. 
That owners of private properties can minimize required police services 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; and,
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 of East Stroudsburg.
As used in this chapter, the following terms shall have the meanings indicated unless the context clearly indicates that a different meaning is intended:
DISORDERLY GATHERINGS
A gathering at which any public disturbance occurs.
DISORDERLY HOUSE
A dwelling where any public disturbance occurs.
DISRUPTIVE/DISORDERLY REPORT
A written report of disruptive/disorderly conduct on a form prescribed therefor, to be completed by the police officer(s) who actually investigate an alleged incident of disruptive/disorderly conduct, and which shall be maintained by the Code Enforcement Officer.
GATHERING
A party or event involving a group of persons who have assembled or are assembling for a social occasion or activity on private property.
HOST
The person who owns, leases, or is otherwise in possession and control of the private property where the gathering takes place and/or who organized, sponsored, conducted, hosted, or permitted such gathering, invited persons to attend such gathering, or was otherwise in charge of such gathering.
OWNERS
The person, persons, corporation, or other entity who holds record title to the private property.
POLICE SERVICE COSTS
The cost of the Borough of East Stroudsburg/Stroud Area Regional Police Department 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 equipment and property of the Borough of East Stroudsburg/Stroud Area Regional Police Department, and the cost of any medical treatment of injured police officers. This cost shall either be fixed from time to time by the Council of the Borough of East Stroudsburg based upon an average cost for a typical police response or be determined on a case-by-case basis by the Chief of Police.
PRIVATE PROPERTY
Any land, building, or other structure, including single and multifamily dwellings and commercial and industrial buildings, not owned by a public entity.
PUBLIC DISTURBANCE(S)
Any act by a host or those persons attending a gathering involving public drunkenness, consumption of an alcoholic beverage in public, the serving of alcoholic beverages to minors, 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 conduct which otherwise disturbs, annoys, injures, or endangers the health, safety, or welfare of the residents of the Borough of East Stroudsburg residing in the neighborhood or vicinity of the gathering.
PUBLIC ENTITY
Any federal, state, or local government, school district, or agency, or authority created or organized thereby.
PUBLIC PROPERTY
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.
In addition to the right to file a citation against violators under and pursuant to the Pennsylvania Rules of Criminal Procedure, police officers may also arrest a host or person attending a gathering who violates § 77-3 of this chapter, provided that the police officer views the public disturbance and, in the case of the 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 § 77-3, whether or not any person attending the gathering is arrested or cited for a violation.
Any host or person who violates § 77-3 of this chapter shall be guilty of the offense of disorderly gathering and, upon conviction thereof, 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 30 days.
[Amended 5-17-2011 by Ord. No. 1243, approved 5-17-2011]
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 one-year period of time.
[Amended 5-17-2011 by Ord. No. 1243, approved 5-17-2011]
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 Chief of Police or his duly authorized designee shall notify the owner of the private property where the disorderly gathering took place and also the agent of such property if the owner has designated an agent in accordance with the Borough of East Stroudsburg Regulated Rental Unit Occupancy Ordinance, 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 one year after their initial response, such owner shall be required to pay police service costs to the Borough of East Stroudsburg for such responses.
[Amended 5-17-2011 by Ord. No. 1243, approved 5-17-2011]
After the second response to a disorderly gathering within one year as provided in § 77-6 of this chapter, the Chief of Police or his duly authorized designee shall notify the Borough of East Stroudsburg Manager 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 of East Stroudsburg Manager or his/her duly authorized designee shall then bill the owner for the said amount, which amount shall be due and payable to the Borough of East Stroudsburg 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% 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.
It shall be unlawful for any property owner to allow a dwelling unit to be disruptive to the peace and well-being of the surrounding community. Houses are deemed disruptive where frequent requests or responses for police/ambulances service for noise, loitering, gaming or other misbehavior.
The owner of the premises will be contacted and provided with a disorderly house report by the Borough as supplied by the Stroud Area Regional Police Department. The owner shall take appropriate action to insure that the occupants of the house will not cause further disruption to the community.
After the first warning is issued to the owner, any subsequent responses by the Police Department shall be a violation of this article.
Any person, firm, partnership or corporation who shall violate or fail to comply with any provision of this chapter shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of not more that $1,000 or by imprisonment for not more than 30 days, or both.