[HISTORY: Adopted by the Borough Council of the Borough of
Ridley Park as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-8-1972 by Ord.
No. 903]
Disorderly conduct, as herein defined, is hereby prohibited
within the Borough of Ridley Park.
As used within this article, the following terms shall have
the meanings indicated:
To do any act, use any word or employ any conduct causing or
tending to cause a disturbance of the peace and the good order of
the Borough or causing or tending to cause any danger to the inhabitants
of the Borough or users of the Borough's thoroughfares.
Furthermore, includes any act, word or conduct tending to willfully
obstruct, wholly or partially, any street, sidewalk or portion thereof,
any private walk or entrance or public access to public facilities
or to business establishments, either personally or by vehicle or
in any other manner. Arrests under this subsection shall be confined
to cases where the offender refuses to comply with the officer's
lawful direction to discontinue such unlawful conduct.
Further includes fighting; drunkenness; the use of profane,
indecent or inflammatory language, except language recognized to be
within the realm of protected speech of the First Amendment of the
United States Constitution; the making of unnecessary and avoidable
noise; spiting or expectorating upon places or areas resorted to by
the public; casting, throwing or placing upon any portion of any sidewalk,
public street, alley, vacant lot, park, lake or playground any material
or paper, ashes, dirt, rubbish, litter or refuse substance; the parking
of any motor vehicle, attended or unattended, in or adjacent to any
park or recreation area during the hours between sunset and sunrise;
or any word, act or conduct prejudicial to the health of the Borough
and its inhabitants or tending toward the destruction of good morals
as measured by the commonly accepted moral standard prevailing throughout
the Borough.
[Amended 10-21-2003 by Ord. No. 1131]
Any person violating any of the provisions of this article or
any persons aiding or abetting in the violation of this article shall,
upon summary conviction before a District Justice, be sentenced to
pay a fine of not less than $1 nor more than $600 and costs of prosecution
and, in default of payment thereof, shall undergo imprisonment for
not less than one day and no more than 30 days.
[Adopted 9-21-2004 by Ord. No. 1148]
No person, entity, property owner, property manager, lessee,
tenant or occupant shall not participate in, maintain, aid or abet,
keep, lease or allow a disorderly house, room or other premises in
the Borough of Ridley Park.
As used in this article, the following terms shall have the
following meanings:
References in this article to acts or conduct which cause
annoyance, embarrassment, fear or discomfort to others shall be construed
as referring to persons of ordinary sensibilities entitled to the
protection of a civilized community.
Shall include, but not be limited to the following:
To interfere unnecessarily, directly or indirectly, with free
access by the public to public facilities, private residences or to
business establishments.
To use, within the hearing or sight of members of the public,
language that is unnecessarily loud or noisy, indecent, profane or
threatening, or gestures, signs or postures that reasonably cause
embarrassment, discomfort or fear to members of the public lawfully
in the vicinity.
To cause unnecessary noise in the Borough by human or mechanical
means or by musical instruments at inappropriate and unsuitable times,
where such sounds disturb the peace and quiet of the neighborhood.
To write upon, deface, remove, injure, destroy or misuse any
real or personal property of any private owner, without proper authorization
from such owner.
To quarrel, fight, scuffle or engage in any physical contest
likely to disturb the peace or to cause injury to persons or property,
in any public or private place, or to incite others to do so.
To be found in a drunken or intoxicated condition under circumstances
tending to disturb the neighborhood or to cause a breach of the public
peace.
To create objectionable odors, smoke, vibrations or electromagnetic
interference beyond the property line.
Any house, room, apartment unit, apartment building or premises
located in the Borough of Ridley Park where frequent requests for
police service for disorderly conduct, noise, batteries, assaults,
drinking of intoxicating beverages, illegal drug usage and/or sale,
loitering, gaming or other misbehavior can be established by the Police
Department of the Borough of Ridley Park.
More than three police responses to the same premises in
the preceding sixty-day period.
Any such disorderly house, room or other premises that shall
be disruptive to the peace and well-being of the surrounding and greater
community is hereby declared to be a public nuisance.
After the third incident as set forth above, the Chief of Police
shall, within five days, notify the property resident and owner or
manager, in writing, by either certified mail, posting, or personal
service, of the Borough's intent to initiate formal charges with
the District Justice; and further, to allow the property resident
and owner or manager five days from said notice, to notify the Police
Chief, in writing, of said property resident/owner/manager's
desire to meet with the Police Chief in an attempt to rectify the
conditions to be cited. Upon timely receipt of such notification,
the Police Chief shall meet with the property resident/owner/manager
within five days thereafter and attempt to reach an accommodation.
Should the parties not be able to reach an accommodation, the Police
Chief shall proceed forthwith to initiate charges with the District
Justice.
A.Â
Any person who shall violate any provision of this article shall,
upon conviction thereof before a District Justice, be subject to a
penalty or fine of not more than $600, plus costs of prosecution,
and in default of payment of such fine and costs, to imprisonment
in the county jail for a term not exceeding 30 days, for each such
violation.
B.Â
In addition to any other penalties, upon conviction under the provisions
of this article, the Borough Council, may at its discretion revoke
the occupancy permit of any house or premises found to be a disorderly
house.
C.Â
No action taken pursuant to this article shall exempt any defendant
from prosecution for any more serious offense committed in connection
with such disorderly conduct, interfere with any statute applicable
thereto or exempt such defendant from a civil action for damages resulting
from such misconduct.
