An Ordinance Defining Disturbance of the Peace, Disorderly Conduct, Loitering, Trespass, and other Breaches of the Peace and Related Penalties

Whereas, the Borough of Bolivar as an exercise in Police powers under provisions of the Pennsylvania Statutes as amended requires the enactment and subsequent enforcement of the laws and protecting the safety of persons and property within the Borough; and therefore, enacts the following Ordinance:

Section 2140 Purpose

Defining and designating specific categories of breach of the peace, creation of a disturbance, disorderly conduct, loitering, trespass, and breaching the peace within the community, on public roadways, easements, public property, and / or within municipal limits of the Borough of Bolivar, or property owned by the Borough of Bolivar s the case may be. The enactment is to protect the health, safety, an welfare of the Borough residents and persons within its municipal limits.

Section 2141 Specific Offenses and Unlawful Conduct.

In order to exercise the Borough's policing power to protect persons and property within then Borough, the Borough enacts Sections 2140 through 2143 to protect the health, safety, and welfare of the community and residents in particular. Therefore, it shall be unlawful as to the following:

(a) To cause a disturbance of the peace and order or to cause any danger, discomfort, or annoyance to any persons within the Borough where said disturbance is loud, excessive, continuing, harmful, and / or serves no useful / legal purpose:

(b) To cause, instigate, or to enter into physical fighting / quarrels where there is harm to persons and / or property

(d) Loitering, loafing, or congregating is unlawful and shall include, but not limited to: loitering shall include but not limited to, pedestrians, persons in or on motor vehicles or other objects. This violation also includes the conduct of:

1. To loaf, loiter, congregate upon any public street, alleys, rights-of-way, sidewalks, or other public park grounds where said conduct is an annoyance to other residents in close proximity thereto, nearby, therein, or thereabout or who may be traversing upon or near the places where said activity is occurring.

2. Loafing, loitering or congregating shall also be deemed to have occurred where said person or persons loitered, loafed, or congregated on private property and where the owner of said premises or other persons who are acting with the authority of said property owners has asked or directed that said persons disburse and / or leave the premises or person or persons loafing, loitering, or congregating upon or about any private property within the Borough without the consent of the owners thereof, and / or

3. Loitering or congregating upon any sidewalk, public, or private place as in such a manner as to interfere with the free and full passage of pedestrians of vehicles

(E) Failure to disburse or leave the premises or to obey the direction of signal of a police officer:

(F) To enter upon, over, or under any premises owned by the Borough that is not open to the public and that is post "No Trespassing" or "Not Open to the Public" "Do Not Enter".

(G) Operating a human or gravity propelled vehicle within said definitions being skateboards, bicycles, roller skates, or other similar wheeled devices, sleds, toboggans, saucers, or other materials and / or equipment or devices for purposes of moving in a certain direction, is hereby prohibited and / or limited as per the following subparagraphs. This subsection shall apply only to public easements, highways, roadways, alleys, streets, boulevards, Borough property, public property, parks, sidewalks, or other property considered public, and shall be limited and / or controlled as per this Section and the following subsections as follows:

1. It shall be unlawful for any persons to operate a vehicle as defined in this Section in a manner that could cause, or that is likely to cause, bodily injury of the rider of said vehicle, or in a reckless hazard creating manner, or hazardous, or dangerous manner that could cause or is likely to cause injury to other persons, or property.

2. It shall be unlawful for any person or operator of said vehicle to cling to any other moving vehicles of any type.

3. It shall be unlawful for any person on or operating a vehicle in such a manner as to interfere, impede, or be directed directly toward or to cause a nuisance with any person or property or the orderly flow of pedestrian (s) or vehicle traffic.

4. Any persons upon or operating vehicles referred to in this Section shall yield the right-of-way to any other persons or motor vehicles, and may not overtake or pass any pedestrians or motor vehicles while using said vehicles.

5. Vehicles referred to in this Section are prohibited under any circumstances from being operated on the Borough park lets, the Borough tennis courts, building or park let stairs, ramps, curbs, or walls, or upon or across any other Borough fixtures including, but not limited to, benches, fencing, decorative walls, or any other property not designed for vehicle or pedestrian traffic.

6. Any vehicle utilized for jumping as in any wheels leaving the ground (which includes "pooping wheelies") shall only be permitted within the Borough providing it complies with this Section and all of the subsections set forth herein, and that said persons on or operating said vehicles are wearing head protective helmet, pads for each knee and elbow.

7. Any night operation of vehicles defined by this section shall only be by persons (s) with white or reflective clothing, or having reflectors on all four (4) sides of said vehicle.

Section 2142. Enforcement and Penalties

1. Any person shall have the authority to enforce the terms of this Ordinance.

2. Any person found guilty of violating Section 2141 and its subparagraphs (a) through (g) or its sub-subparagraphs shall be guilty of a summary offense and shall be fined in an amount not less than twenty-five ($25.00) dollars and not more than Six hundred ($600.00) dollars, costs of prosecution, and / or any restitution required. In the event that the penalty is not paid the violator (s) shall be imprisoned for a period not exceeding thirty (30) days. All fines imposed and collected shall be paid into the Borough treasury for the use of the Borough.

For a second offense and subsequent offenses, the penalty shall not be less than three (3) times the first fine, plus other penalties appropriate under this section.

3. In the events any persons violate subparagraph (g) and when said violator is a person under eighteen (18) years of age, the police officer for the Borough is permitted to impound said vehicle for a period not exceeding thirty (30) days unless a parent, guardian, or other person having legal custody of said minor shall have claimed said vehicle and related attached equipment and has paid the fine and costs ordered by the Magistrate.

Section 2143 Implicit Repeal

All other Ordinances that conflict, that are inconsistent, or that cannot be read as to give effect to either Ordinance, the Ordinance with the greater penalty shall be deemed controlling. In the event that a portion of the Ordinance sections are deemed to be unconstitutional or illegal, the remaining portions of the Ordinance shall remain in full force and effect.

Ordained and enacted by the Council for the Borough of Bolivar during a duly advertised and convened meeting wherein a quorum was present and this Ordinance was voted upon and enacted on this 3rd day of August 1992.

Patricia Short

Council President

Attest:

Approved:

Florine Bella

Secretary

John C. Seidell

Mayor

Original Ordinance on file in Vault