[HISTORY: Adopted by the Borough Council of the Borough of
Boyertown 9-8-1987 by Ord. No.
15-87. Amendments noted where applicable.]
[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.
[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.
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.
No person shall be in an intoxicated condition on any sidewalk,
alley, street, bridge or public passageway or place.
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."
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.
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.
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.
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.
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.
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.
No person shall trespass upon any land without the consent of
the owner, lessee or occupant.
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.
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.
[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.
[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.
C.
Alcholic beverages served at sidewalk cafes permitted pursuant to Chapter 168 entitled "Streets and Sidewalks," Article IV, entitled "Sidewalk Cafes," shall be exempt from Chapter 136, entitled "Peace and Good Order," § 136-14, entitled "Alcoholic Beverages; Exemption," Subsection A.
[Added 6-4-2018 by Ord. No. 02-2018]
[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.
