Borough of Elverson, PA Chapter 117 Disorderly Conduct

[HISTORY: Adopted by the Borough Council of the Borough of Elverson 9-5-1978 by Ord. No. 78-3. Amendments noted where applicable.]

§ 117-1 Disorderly conduct prohibited.

Disorderly conduct is hereby prohibited within the Borough of Elverson.

§ 117-2 Certain prohibitions.

Disorderly conduct is hereby defined as any act, word or conduct causing, or tending to cause, a disturbance of the peace and good order of the Borough or causing, or tending to cause, any danger, discomfort or annoyance to any of the inhabitants of the Borough or users of the thoroughfares of the Borough, including, but not limited to: (i) the making of any loud, boisterous or unseemly noise or disturbance; or (ii) fighting or quarreling or inciting others to fight or quarrel; or (iii) the public use of obscene or indecent language or gesture; or (iv) loafing, loitering or congregating upon any public street or alley or other public grounds in the Borough to the annoyance of peaceable residents or other persons who are nearby, traveling upon any street or alley, or otherwise lawfully upon any public grounds in the Borough, whereby the public peace is broken or disturbed or the traveling public annoyed.

§ 117-3 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Chester County.

§ 117-4 Further prohibitions.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Prohibitions shall be pursuant to state law provisions, where applicable, including, but not limited to:

A. 18 Pa.C.S.A. § 5502, Failure to disperse.

B. 18 Pa.C.S.A. § 5503, Disorderly conduct (fighting or violent behavior; unreasonable noise; obscene language; hazardous condition).

C. 18 Pa.C.S.A. § 5505, Public drunkenness and similar misconduct.

D. 18 Pa.C.S.A. § 5506, Loitering and prowling at nighttime.

E. 18 Pa.C.S.A. § 5507, Obstructing highways and other public passages.

F. 18 Pa.C.S.A. § 5901, Open lewdness.