[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-6-1947 by Ord. No. 47-1 (Ch. 6, Part 2A, of the
1986 Code)]
[Added 9-22-1972 by Ord. No. 72-41(C); amended 8-8-1983 by Ord. No.
83-2; 3-24-1986 by Ord. No. 86-2]
It shall be unlawful for any person to discharge or fire any
gun, pistol or firearm of any description, or to fire or discharge
any air rifle of any kind, or to shoot or discharge any arrow or slingshot
of any kind, at any place in the Borough, except in necessary defense
of person or property, provided that this prohibition shall not apply
to the use of weapons by law enforcement officers in the discharge
of their duties; provided, further, that Council shall have the power
to grant approval to the firing of small-bore firearms in properly
constructed and supervised small-bore rifle and pistol ranges and
the power to grant approval to the shooting of arrows from bows at
properly delineated and supervised archery ranges.
[Added 9-22-1972 by Ord. No. 72-42(C); amended 3-24-1986 by Ord. No.
86-2]
[Added 8-8-1983 by Ord. No. 83-2; 3-24-1986 by Ord. No. 86-2]
It shall be unlawful for any person, without justification or legitimate purpose, to defecate, urinate or vomit on any land or property within the Borough which is not owned or leased by the actor or on which the owner or occupant of the land or property has not given permission for the actor to defecate, urinate or vomit. For the purposes of this § 170-4, the fact that the actor may have been under the influence of alcohol, a drug or other debilitating liquid or substance shall not constitute justification or legitimate purpose for the actor's defecating, urinating or vomiting unless the liquid or substance was being taken as prescribed by a doctor.
[Added 9-22-1972 by Ord. No. 72-40(C); amended 3-24-1986 by Ord. No.
86-2]
It shall be unlawful for any person, without justification or
legitimate purpose, to ring a doorbell or to rap, knock or strike
on (or throw or propel an object against) a door, window, side or
roof of any building, structure or vehicle, whereby the occupants
thereof or the occupants nearby are annoyed, discomforted, disturbed
or inconvenienced.
[Added 9-22-1972 by Ord. No. 72-57(C); amended 3-24-1986 by Ord. No.
86-2]
It shall be unlawful for any person to coast or ride upon any
sled or similar device upon any sidewalk in the Borough or upon any
street or public alley in the Borough, unless such street or alley
was designated as a play street for that purpose and was blocked off
or otherwise adequately protected from vehicular traffic.
[Added 3-24-1986 by Ord. No. 86-2; amended 4-14-2003 by Ord. No.
2003-5]
It shall be unlawful for any person to play ball (including
throwing, kicking or knocking of a ball of any type), play frisbee,
or play street hockey or street polo (including kicking, hitting or
pucking a ball, can or other like object) upon any sidewalk in the
Borough or in any mall or parking lot owned or operated by the Borough
or the Parking Authority of the Borough or upon any street or public
alley in the Borough, unless such street or alley was designated as
a play street for that purpose and was blocked off or otherwise adequately
protected from vehicular traffic.
[Added 3-24-1986 by Ord. No. 86-2]
It shall be unlawful for any person to throw a snowball in,
on or into any sidewalk in the Borough or, in, on or into any street
or public alley in the Borough.
[Added 4-14-2003 by Ord. No. 2003-5]
A.
Except in the case of parades, processions or assemblages, street
concerts, street fairs, fireworks displays, or similar community or
civic events which have been approved by the Borough Council, the
President of Borough Council or the Borough Manager, it shall be unlawful
for any person, without justification or legitimate purpose, to sit
directly on, or to lie on or in, or to set up or place a chair, stool
or the like on or in:
B.
For the purposes of this section, the fact that the actor may have
been under the influence of alcohol, a drug or other debilitating
liquid or substance shall not constitute justification or legitimate
purpose for the actor's act or action unless the liquid or substance
was being taken as prescribed by a doctor.
[Added 3-24-1986 by Ord. No. 86-2; amended 7-9-1990 by Ord. No.
90-3]
A.
Any person who violates § 170-1, 170-2, 170-3, 170-4, 170-5 or 170-8 of this article or any provision of one of those sections shall, upon conviction thereof, be sentenced to pay a fine of not more than $100 and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than 10 days.
B.
Any person who violates § 170-6, 170-7, or 170-9 of this article or any provision of one of those sections shall, upon conviction thereof, be sentenced to pay a fine of not more than $40 and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than three days. In addition to or in lieu of any fine imposed by the Magisterial District Judge under this subsection, the Magisterial District Judge may order the person convicted under this subsection to perform community service.
[Amended 4-14-2003 by Ord. No. 2003-5]
[Adopted 7-13-2020 by Ord. No. 2020-4]
This article may be cited as the "Borough of Lewistown Second
Amendment Sanctuary Ordinance."
A.
The Second Amendment to the Constitution of the United States of
America states, "A well-regulated militia being necessary to the security
of a free state, the right of the people to keep and bear arms, shall
not be infringed."
B.
Article I, Section 21 of the Constitution of the Commonwealth of Pennsylvania states, "The right of the citizens to bear arms in defense of themselves and the state shall not be questioned."
C.
Section 1 of the Fourteenth Amendment to the Constitution of the
United States of America states, "No state shall make or enforce any
law which shall abridge the privileges or immunities of citizens of
the United States; nor shall any state deprive any person of life,
liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws."
D.
Therefore, through the enactment of this article, the Borough of
Lewistown, Mifflin County, Pennsylvania, is hereby a Second Amendment
Sanctuary. To prohibit property owners from further extending their
financial commitments so as to render themselves unable to abate or
correct the code, statutory and regulatory violations or tax delinquencies.
Notwithstanding any other law, regulation, rule or order to
the contrary, no agent, department, employee or official of the Borough
of Lewistown, Mifflin County, a political subdivision of the Commonwealth
of Pennsylvania, while acting in their official capacity, shall:
A.
Knowingly and willingly participate in any way in the enforcement of any law that violates the Second Amendment to the Constitution of the United States of America, or Article I, Section 21 of the Constitution of the Commonwealth of Pennsylvania.
B.
Utilize any Borough of Lewistown assets, Borough of Lewistown funds, or funds allocated by any entity to the Borough, in whole or in part, to engage in any activity that aids in the enforcement or investigation of any law that violates the Second Amendment to the Constitution of the United States of America, or Article I, Section 21 of the Constitution of the Commonwealth of Pennsylvania.
A.
The protections provided to citizens by this article do not apply
to persons who are prohibited from possessing firearms under federal
law; or permanently prohibited from possessing firearms under the
laws of this commonwealth pursuant to conviction in a criminal court.
B.
This article is not intended to prohibit or affect in any way the
prosecution of any crime for which the use of, or possession of, a
firearm is an aggravating factor or enhancement to an otherwise independent
crime.
C.
This article does not permit or otherwise allow the possession of
firearms in locations where possession of firearms is prohibited under
federal law or the laws of this commonwealth.
D.
This article does not prohibit enforcement of protection from abuse
orders, criminal statutes prohibiting possession by persons convicted
of crimes, and similar valid federal and state laws, regulations and
court orders.
E.
This article does not prohibit individuals from participating or
assisting in permitting, licensing, registration or other processing
of applications for a license to carry firearms, a PICS check, or
other firearm, firearm accessory, or ammunition licensing or registration
processes that may be required by law.
