[Adopted 11-12-1976 by Ord. No. 968 (Ch. 6, Part 4, of the 1996 Code of
Ordinances)]
It shall be unlawful for any person or persons, while intoxicated,
to be upon any street, lane, alley, public highway or other public
place within the limits of the Borough of Sewickley to the annoyance
or disturbance of any of the peaceable inhabitants thereof.
It shall be unlawful for vagrants or any persons who have no
fixed place of residence to go about from place to place within the
limits of said Borough or to trespass on private property to the annoyance
or disturbance of any of the peaceable inhabitants thereof.
It shall be unlawful for any person or persons willfully to
make or cause to be made any loud, boisterous and unseemly noise or
disturbance to the annoyance of the peaceable inhabitants nearby or
near to any public highway, road, street, lane, alley, park, square
or common whereby the public peace is broken or disturbed or the traveling
public is annoyed.
It shall be unlawful for any person or persons to create a disturbance
of the public order by an act of violence or by any act likely to
produce violence, or to address abusive language or threats to any
person present which creates a clear and present danger of violence,
with the willful purpose of causing public danger, alarm, disorder,
nuisance, or with the knowledge that he/she is likely to create such
public danger, alarm, disorder or nuisance, or that he/she could reasonably
be expected to create such public danger, alarm, disorder or nuisance.
It shall be unlawful for any person or persons willfully to
fail to obey a lawful order of a police officer to disperse or to
leave the area where two or more persons are committing an act or
acts of disorderly conduct in the immediate vicinity and where the
police have made all reasonable efforts to stop the act or acts of
disorderly conduct, and where, despite such efforts, there is an imminent
threat of violence should the order of dispersal not be obeyed. If
time permits, the police shall state the necessity for dispersal to
the person or persons ordered to disperse.
It shall be unlawful for any person or persons willfully to
damage, befoul or disturb public property or property of another so
as to create a hazardous, unhealthy or physically offensive condition,
for the purpose of causing public danger, alarm, disorder or nuisance,
or with the knowledge that he/she is likely to create such public
danger, alarm, disorder or nuisance.
It shall be unlawful for any person or persons willfully to
commit a trespass on private property or on public property for the
purpose of causing public danger, alarm, disorder or nuisance, or
with the knowledge that he/she is likely to create such public danger,
alarm, disorder or nuisance. "Trespass," for the purposes of this
article, shall mean:
A.
Entering upon, or refusing to leave, any private property of another,
either where such property has been posted with "No Trespassing" signs
or where, immediately prior to such entry or subsequent thereto, notice
is give by the owner or occupant, orally or in writing, that such
entry or continued presence is prohibited.
B.
Entering upon, or refusing to leave, any public property in violation
of regulations of the Borough of Sewickley or of the Quaker Valley
School District, where such regulations have been conspicuously posted
on such property or where, immediately prior to such entry or subsequent
thereto, such regulations are made known, orally or in writing, by
an official of the said Borough or School District, his agent or a
police officer.
It shall be unlawful for any person or persons willfully to
participate in any riot, rout, unlawful assembly or affray, or willfully
to incite others to riot, to the terror of the peaceable residents
nearby.
No person shall, by loud and excessive noise in the course of
any activity on private property, unreasonably disturb the peace of
others in the neighborhood, and no person shall knowingly permit such
conduct upon any premises owned or possessed by him/her or under his/her
control. In considering the unreasonableness of any such conduct,
nuisance or disturbance so occurring on private property, and its
effect on disturbing the peace of others, the factors considered shall
include the time of day or night at which time such disturbance occurs;
the number of people involved; the proximity to others whose peace
and tranquility might be disturbed; and the nature of the disturbance.
The police are empowered to give a warning if, in their judgment,
the disturbance is a breach of this section; and if the disturbance
shall not abate, the owner or one in possession or control of the
premises on which the disturbance occurs shall be arrested and charged
with violation of this section.
[Amended 6-20-2005 by Ord. No. 1238; 3-16-2015 by Ord. No. 1331]
It shall be unlawful for any person or persons, other than a
properly constituted police officer in the performance of his/her
duties, to display or make use of any knife, hand-billy, artificial
knuckles, chemical mace, tear gas or other chemical weapons or agents
in a threatening manner or for the purpose of intimidating or frightening
any of the inhabitants of the Borough of Sewickley or other persons
in the Borough of Sewickley or to intentionally use any chemical mace,
tear gas or other chemical weapons or agents within the limits of
the said Borough of Sewickley, except as may otherwise be permitted
by law in the defense of one's property or personal safety. Nothing
contained herein shall regulate the lawful ownership, possession,
transfer or transportation of firearms, ammunition or ammunition components
which are subject to regulation only by the Commonwealth of Pennsylvania.
It shall be unlawful for any person or persons to loiter or
assemble with others upon or along the public streets, lanes, highways,
sidewalks or public places within the limits of the Borough of Sewickley
in such a manner as to interfere with, impede or annoy any person.
It shall be unlawful for any person or persons willfully or
maliciously to deface, destroy or injure any tree, shrub, bush or
vine on or along any street, lane, alley or highway within the limits
of the said Borough of Sewickley.
[Amended by 2-19-1996 by Ord. No. 1159]
Any person or persons violating any of the provisions of this
article shall, upon conviction thereof, be sentenced to a fine of
not more than $600 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days.
Except as otherwise provided in this article, it shall be the
duty of the policemen, constables and peace officers of the Borough
of Sewickley, to arrest, upon view and without warrant, and commit
to the County Jail or Borough lockup for hearing, any and all persons
violating any of the provisions of this article who shall fail or
refuse to give bail or make satisfactory deposit for his, her or their
appearance for trial, in accordance with the practice in summary conviction
of criminal cases.
All fines and penalties imposed and collected under the provisions
of this article shall be paid into the Borough treasury for the use
of said Borough within 30 days after the same are collected and shall
be credited to the Borough general fund.
