[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Chichester as indicated in article histories. Amendments
noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
As used in this article, the following terms shall have the
meanings indicated:
- DISORDERLY HOUSE
- Any house, room or premises where frequent request for police services for noise, assaults, batteries, drinking of intoxicating beverages, illegal drug usage and/or sale, loitering, gaming, or other misbehavior can be documented.
- FREQUENT REQUEST FOR POLICE SERVICE
- More than three responses to the same address in the preceding six-month period.
It shall be unlawful for any property owner, lessee or tenant
to maintain, keep, lease or allow a disorderly house, room or other
premises in the Township of Upper Chichester.
Any such disorderly house, room or other premises that shall
be disruptive to the peace and well-being of the surroundings and
greater community is declared to be a public nuisance by either the
police or the Township Manager or the Township Code Enforcement Officer.
After the third and final incident as defined above, the officer
in charge of the Police Department, or his or her designee, and/or
the Township Manager and/or the Township Code Enforcement Officer
shall, within five days, notify the property owner in writing by either
certified mail, return receipt requested, posting or personal service
of the Township's intent to initiate charges with the District
Court, and further, to allow said property owner and/or resident an
additional five-day period, commencing on the date of service, to
notify the Police Department representative and/or Township Manager
and/or Township Code Enforcement Officer, in writing, of said property
resident/owner's desire to meet with the Police Department representative
and/or Township Manager and/or Township Code Enforcement Officer in
an attempt to rectify the condition to be cited. Upon timely receipt
of such notification, the Police Department representative and/or
Township Manager and/or Township Code Enforcement Officer shall meet
with the property owner within five days and attempt to reach an agreement.
Should the parties not be able to reach an agreement, the Police Department
representative and/or Township Manager and/or Township Code Official
will proceed with the citation before District Court.
A.
Any person, legal entity, property owner, lessee or tenant, including
but not limited to the keeper of all parties connected with the maintenance
of the disorderly house, and all parties patronizing or frequenting
same, who are found guilty under the provisions of this article, shall
be sentenced to pay a fine of not more than $1,000, together with
the costs of prosecution, and, in default of payment of such fine
and costs, shall be subject to imprisonment for a term not to exceed
30 days. Every day that a violation of this article continues shall
constitute a separate offense.
B.
Upon conviction under the terms of this article, the Township may
revoke the occupancy certificate of any house or premises found to
be a disorderly house.
After the third and final incident, any property owner, lessee
or tenant who maintains, keeps, leases or allows a disorderly house
shall also be liable for the costs of police and administrative services
and shall reimburse the Township for such costs pursuant to the Township's
ordinance and resolution requiring reimbursement and setting the amounts
of same. Said property owner, lessee or tenant shall not only be liable
for the third and final incident but shall also be liable for the
first and second incidents and the costs associated with all three
incidents.
