Chapter 6 – Conduct

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CHAPTER 6

 

CONDUCT

 

 

PART 1

 

ARMITAGE GOLF COURSE

 

A.      Trespass.

 

§101. Preamble and Purpose

§102. Definitions

§103. Proscribed Conduct

§104. Penalty

§105. Nonexclusive Penalty

 

 

B.       Alcoholic Beverages.

 

§111. Definitions

§112. Purpose and Legislative Intention

§113. Importation of Alcoholic Beverages Forbidden

§114. Being Under the Influence Prohibited

§115. Enforcement by Police Officer

§116. Penalty; Exclusion

§117. Penalty; Judicial Proceedings

§118. Evidence of Violation

§119. Implied Consent to Search for Forbidden Beverages

§120. Posting Notice of Ordinance

 

 

PART 2

 

CURFEW

 

 

§201. Short Title

§202. Definitions

§203. Prohibited Conduct; Unlawful Conduct of Minors

§204. Prohibited Conduct; Unlawful Conduct of Parents

§205. Prohibited Conduct; Unlawful Conduct of Owners

or Operators of Establishment

§206. Violations and Penalties

 

 

 


PART 3

 

DISORDERLY PRACTICES

 

§301. Definitions

§302. Disorderly Practices Prohibited

§303. Penalty

 

PART 1

 

ARMITAGE GOLF COURSE

 

A.      Trespass.

 

 

§101.  PREAMBLE AND PURPOSE.

 

This Township owns and operates a golf course known as Armitage Golf Course which is used extensively.  It has been clearly demonstrated to the Board of Township Commissioners that persons not engaged in the playing of golf use said course for other purposes, such as walking, jogging, ball playing, etc., which uses interfere with the golf play and at the same time expose said users to potential injury by being struck with golf balls.  It is necessary, therefore, to prohibit such nongolf uses.

 

(Ord. 84-8, 8/7/1984, §1)

 

 

§102.  DEFINITIONS.

 

GOLF COURSE – all lands used for the purpose of playing golf at the Armitage Golf Course including, but not limited to, the fairways, greens, roughs, bunkers and traps.

 

WRITTEN PERMISSION – an express written statement specifically defining the extent of use to be allowed by the Township signed by either the Township Manager, Assistant Township Manager, the golf professional or the golf course greens superintendent on duty at the golf course.

 

(Ord. 84-8, 8/7/1984, §2)

 

 

§103.  PROSCRIBED CONDUCT.

 

No persons shall enter upon the golf course or otherwise use the same for any purpose without the express written permission of this Township, and it shall be unlawful for any person to enter upon the golf course or otherwise use the same for any purpose without the express written permission of this Township.

 

(Ord. 84-8, 8/7/1984, §3)

 

 

§104.  PENALTY.

 

Any person who shall violate the provisions of §103 of this Part shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.

 

(Ord. 84-8, 8/7/1984, §4; as amended by Ord. 98-7, 8/27/1998)

 

 

§105.  NONEXCLUSIVE PENALTY.

 

This Part  shall not be construed to supersede or supplant any criminal laws of the Commonwealth of Pennsylvania for the prosecution of persons committing criminal trespass or other conduct prohibited by the Pennsylvania Crimes Code.

 

(Ord. 84-8, 8/7/1984, §5)

 

 

B.       Alcoholic Beverages.

 

§111. DEFINITIONS.

 

For the purpose of this Part, the following terms shall have meanings ascribed thereto, as follows:

 

ALCOHOLIC BEVERAGES – any beverage containing any alcohol including, but not limited to, beer, ale, stout, wine, whiskey, gin, vodka or any combination thereof.

 

GOLF COURSE – Armitage Golf Course as owned and operated by the Township of Hampden, including the field of play, driveways and parking lots.

 

POLICE OFFICER – any police officer of the Hampden Township Police Department.

 

UNDER THE INFLUENCE OF ALCOHOL – the degree of intoxication by alcohol as defined and provided under the Pennsylvania Vehicle Code (75 Pa.C.S. §101 et seq.) and the court cases interpreting and enforcing said Code.

 

(Ord. 92-9, 5/5/1992, §1)

 

 

§112. PURPOSE AND LEGISLATIVE INTENTION.

 

Armitage Golf Course is a public recreational facility owned and operated by the Township of Hampden.  The Board of Township Commissioners is informed that some patrons of the golf course bring alcoholic beverages to the golf course which they consume during the course of their play which leads to intoxication.  Because of concern for public safety and the welfare of patrons and employees of the golf course, the Board of Township Commissioners hereby states its purpose and intention to prohibit the use of the golf course by persons under the influence of alcohol and to limit and restrict access to alcoholic beverages by forbidding the importation thereof by patrons.

 

(Ord. 92-9, 5/5/1992, §2)

 

 

§113. IMPORTATION OF ALCOHOLIC BEVERAGES FORBIDDEN.

 

It shall be unlawful for any person to bring unto the golf course or possess on said golf course any alcoholic beverage not purchased from the vending facilities on the golf course.

 

(Ord. 92-9, 5/5/1992, §3)

 

 

§114. BEING UNDER THE INFLUENCE PROHIBITED.

 

It shall be unlawful for any person to be upon the golf course while under the influence of alcohol.

 

(Ord. 92-9, 5/5/1992, §4)

 

 

§115. ENFORCEMENT BY POLICE OFFICER.

 

This Part shall be enforced by a police officer.

 

(Ord. 92-9, 5/5/1992, §5)

 

 

§116. PENALTY; EXCLUSION.

 

1.       Any person found guilty of violating any part of this Part shall be automatically excluded from any future entrance upon the golf course for any purpose, until reinstated by discretionary special allowance of the Board of Township Commissioners after hearing and upon assurance that such person will not further violate this Part.

 

2.       It shall be unlawful for any such excluded person to enter upon the golf course.

 

(Ord. 92-9, 5/5/1992, §6)

 

 

§117. PENALTY; JUDICIAL PROCEEDINGS.

 

Any person who shall violate any of the provisions of this Part shall, upon conviction thereof, be sentenced to pay 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.

 

(Ord. 92-9, 5/5/1992, §7; as amended by Ord. 98-7, 8/27/1998)

 

 

§118. EVIDENCE OF VIOLATION.

 

1.       A Police Officer may seize and retain as evidence any alcoholic beverage within his view brought unto the golf course in violation of §113 hereof.

 

2.       A Police Officer may use any test allowed under the Vehicle Code or in a prosecution for violation of §3731 thereof (75 Pa.C.S. §3731) for the purpose of determining whether a person is under the influence of alcohol, which tests are not intended to be the exclusive means of determining such condition.  Any person arrested for violation of §114 hereinabove may request a timely chemical test of his breath or a blood chemical test, which request shall be honored when it is reasonably practical to do so.

 

(Ord. 92-9, 5/5/1992, §8)

 

§119. IMPLIED CONSENT TO SEARCH FOR FORBIDDEN BEVERAGES.

 

Any person who enters upon the golf course shall be deemed to have given consent to have any container in his or her possession searched for alcoholic beverages by a police officer if such police officer shall have reasonable grounds to believe the person to have imported alcoholic beverages in violation of §113 hereinabove.  The term “container” shall be construed to include, without limitation, a motor vehicle, golf bag, beverage or food cooler, brief case, box, sack or bag.

 

(Ord. 92-9, 5/5/1992, §9)

 

 

§120. POSTING NOTICE OF ORDINANCE.

 

A full copy of this Part shall be posted to public view at all times in the parking lot of the golf course and in the golf professional’s shop.  Copies of this Part shall be available at the golf professional’s shop for distribution to any person requesting the same.

 

(Ord. 92-9, 5/5/1992, §10)

 

 

PART 2

 

CURFEW

 

 

§201. SHORT TITLE.

 

This Part shall be known and may be cited as the “Hampden Township Curfew Ordinance.”

 

(Ord. 93-16, 10/28/1993, §1)

 

 

§202. DEFINITIONS.

 

ESTABLISHMENT – any privately owned place of business located in the Township of Hampden which is carried on for a profit or any place of amusement or entertainment within said Township to which the public is invited.

 

KNOWINGLY – actual knowledge, or knowledge which a parent should reasonably be expected to have, concerning the whereabouts of a minor in that parent’s legal custody.

 

MINOR – any person under the age of 18 years.

 

OFFICIAL TOWNSHIP TIME – the prevailing Eastern Standard Time or Eastern Daylight Savings Time when the Commonwealth of Pennsylvania adopts or uses such time.

 

OPERATOR – any individual, firm, association, partnership or corporation operating, managing or conducting any establishment within the Township of Hampden; and whenever used in any clause prescribing a penalty, the term “operator” as applied to associations or partnerships shall include the members or partners thereof and, as applied to corporations, shall include the officers thereof.

 

PARENT – any person having legal custody of a minor under the following circumstances:

 

A.      A natural or adoptive parent.

 

B.       A legal guardian.

 

C.       A person who stands in loco parentis.

 

D.      A person to whom legal custody has been awarded by Order of Court.

 

PUBLIC PLACE – any public street, highway, road, alley, park, playground, public building, parking lot, vacant lot or other place open to the public within the Township of Hampden.

 

REMAIN – to be on, in or about or to loiter, idle, wander, stroll or play in or upon.

 

(Ord. 93-16, 10/28/1993, §2)

 

 

§203. PROHIBITED CONDUCT; UNLAWFUL CONDUCT OF MINORS.

 

1.       It shall be unlawful for any minor to remain in or upon any public place or any establishment between the hours of 12:00 midnight and the following 5:00 a.m., official Township time.

 

2.       The provisions of this Section shall not apply under the following conditions:

 

A.      When the minor is accompanied by a parent.

 

B.       When the minor is upon an errand of legitimate purpose or business directed by such minor’s parent.

 

C.       When the minor is engaged in lawful employment.

 

D.      When the minor is attending or going directly to or returning from juvenile activity of a charitable, educational, religious, social or civic activity supervised by at least one adult and with the express verbal or written consent of the parent.

 

E.       When the minor is in the company of any adult over the age of 18 years with the express verbal or written consent of the parent.

 

F.       When the minor is exercising First Amendment rights protected by the United States Constitution and the Constitution of the Commonwealth of Pennsylvania, such as the free exercise of religion, freedom of speech and the right of assembly.

 

G.       When the minor is excused by reason of the action of the Board of Township Commissioners of Hampden Township. Said Board of Township Commissioners may, by written declaration upon application or upon the Board’s own decision by motion and resolution, declare special events, programs or functions by properly organized and supervised organizations advancing legitimate recreation, charitable, educational, religious, social or civic or organizations advancing aforementioned areas and promoting the building of good citizenship in young people, and the attendance and movement directly to and from such events by minors, exempt from the provisions of this Part.

 

3.       Each violation of this Section shall constitute a separate offense.

 

(Ord. 93-16, 10/28/1993, §3)

 

 


§204. PROHIBITED CONDUCT; UNLAWFUL CONDUCT OF PARENTS.

 

1.       It shall be unlawful for any parent knowingly to allow or permit or having reason to know, to allow or permit any minor to remain in or upon any public place or any establishment between the hours set forth in this Part.

 

2.       The provisions of this Section shall not apply where the minor’s activity is excepted under the provisions of §203(2) of this Part.

 

3.       Each violation of the provisions of this Section shall constitute a separate offense.

 

(Ord. 93-16, 10/28/1993, §4)

 

 

§205. PROHIBITED CONDUCT; UNLAWFUL CONDUCT OF OWNERS OR OPERA­TORS OF ESTABLISHMENT.

 

1.       It shall be unlawful for any operator of any establishment or their agents or employees knowingly to allow or permit or, having reason to know, to allow or permit any minor to remain upon the premises of such establishment between the hours set forth in this Part.

 

2.       The provisions of this Section shall not apply where the minor’s activity is excepted under §203(2) of this Part.

 

3.       Each violation of the provisions of this Section shall constitute a separate offense.

 

(Ord. 93-16, 10/28/1993, §5)

 

 

§206. VIOLATIONS AND PENALTIES.

 

Any person who violates §§203, 204 or 205 of this Part shall, upon conviction thereof, be sentenced to pay a fine not less than $25 nor 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.  Each day that a violation continues shall constitute as a separate offense.

 

(Ord. 93-16, 10/28/1993, §6; as amended by Ord. 98-7, 8/27/1998)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PART 3

 

DISORDERLY PRACTICES

 

 

§301. DEFINITIONS.

 

For the purposes of this Part, the following terms or words shall have the meanings ascribed to them in this Section, except where the context in which the word is used clearly indicates otherwise.  The singular shall include the plural and the masculine shall include the feminine and the neuter.

 

OBSTRUCT – to render impassable without unreasonable inconvenience or hazard.

 

PERSON – any natural person, association, partnership, firm, organization, corporation or other entity.

 

PUBLIC – affecting or likely to affect persons in a place to which the public or a substantial group of persons has access, including but not limited to, highways, alleys, thoroughfares, sidewalks, parks, transport facilities, schools, apartment houses, places of business or amusement or any neighborhood.

 

TOWNSHIP – the Township of Hampden, Cumberland County, Pennsylvania.

 

(Ord. 97-16, 12/2/1997, §1)

 

 

§302. DISORDERLY PRACTICES PROHIBITED.

 

A person is guilty of disorderly practice if, with purpose to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof, he:

 

A.      Appears in any public place under the influence of alcohol, narcotics or other drug, not therapeutically administered:

 

(1)      To the degree that he may endanger himself or other persons or property;

 

(2)      Annoys persons in his vicinity; or,

 

(3)      He is under the age of 21 years.

 

B.       Having no legal privilege to do so, purposely or recklessly obstructs any highway, street, alley, thoroughfare, sidewalk or public ground of the Township, whether alone or with others, except that no person shall be guilty of violating this subsection solely because of a gathering of persons to hear him speak or otherwise communicate or solely because of being a member of such a gathering.

 

C.       Refuses to obey a reasonable official lawful request or order to remove from a given location:

 

(1)      To prevent obstruction of a highway, street, alley, thoroughfare, sidewalk or other public passage.

(2)      To maintain public safety by dispersing those gathered in dangerous proximity to a fire or other hazard.

 

(Ord. 97-16, 12/2/1997, §2)

 

 

§303. PENALTY.

 

Any person who violates any provision of this shall, upon conviction thereof, be sentenced to pay a fine not less than $25 nor 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.  Each day that a violation continues shall constitute a separate offense.

 

(Ord. 97-16, 12/2/1997, §3; as amended by Ord. 98-7, 8/27/1998)

 

 

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