Chapter 410: Peace and Good Order

[Amended 8-26-1954 by Ord. No. 1442]

Whoever willfully makes or causes to be made any loud, boisterous or unseemly noise or disturbance to the annoyance of the peaceable residents nearby or near to any public highway, road, street, alley, park, square or common whereby the public peace is broken or disturbed or the travelling public annoyed shall be guilty of disorderly conduct.

Whoever shall disturb the good order and quiet of the City by clamor or noise, by intoxication or drunkenness, by fighting and using profane, obscene or indecent language, on the sidewalks, streets or in any public place or building of the City, to the annoyance of any of its citizens or endangering or violating the public peace in any other manner by such indecent or disorderly conduct, whether such conduct directly disturbs the tranquility of the City or consists in abusing, insulting, beating, striking, threatening to fight, provoking to quarrel or any other unlawful act against the person or property of any individual, detrimental to the public peace, or lewd lascivious behavior tending to subvert good order, shall be guilty of disorderly conduct.

§ 410-2 Peace nuisances.

The following acts or offenses are hereby declared to be nuisances:

Disturbances. Any person whose act or conduct is such as might tend to cause riot, panic, violence or general disturbance.

Discharge of firearms or explosives. Any person who shall wantonly discharge without reasonable cause, except in authorized celebrations, any gun, pistol or firearm, fireworks or other explosive.

Obstructions. Any person who shall obstruct the sidewalk, pavements or highways.

Annoyances. Any person who shall participate in unlawful gatherings or who shall vex, hinder, annoy or delay other persons, whereby the public peace or comfort is broken or the public annoyed.

Loitering.

[Amended 10-14-1971 by Ord. No. 2112]

(1)

Loitering accompanied by activity or under circumstances affording probable cause for alarm or concern for the safety and well-being of persons or for the security of property is hereby prohibited.

(2)

No person shall loiter, as hereinafter defined, in, on or about any place, public or private, when such loitering is accompanied by activity or is under circumstances that afford probable cause for alarm or concern for the safety and well-being of persons or for the security of property in the surrounding area.

(3)

For the purposes of this section, the term "loiter" includes the following activities: the standing or walking about aimlessly without apparent purpose; lingering; hanging around; lagging behind; the idle spending of time; delaying; sauntering and moving slowly about, where such conduct is not due to physical defects or conditions.

(4)

For the purposes of this section, the term "any place, public or private" includes, but shall not be limited to, the following: all places commonly known as being distinctively public, such as public streets, public rest rooms, sidewalks, parks, municipal airports, alleys and buildings; all places privately owned but open to the public generally, such as shopping centers, transportation terminals, retail stores, movie theaters, office buildings and restaurants; and all places distinctively private, such as homes or private residences and apartment houses.

(5)

For the purposes of this section, "surrounding area" means that area easily and immediately accessible to the person under observation. Without limitation, the following activities and circumstances may be considered in determining probable cause for alarm or concern:

(a)

(Reserved)[1]

[1]

Editor's Note: Former Subsection E(5)(a), regarding the flight of a person upon the appearance of a peace officer or any other person, was repealed 2-8-2012 by Ord. No. 5340.

(b)

(Reserved)[2]

[2]

Editor's Note: Former Subsection E(5)(b), regarding attempted concealment by a person upon the appearance of a peace officer or any other person, was repealed 2-8-2012 by Ord. No. 5340.

(c)

The systematic checking by a person of doors, windows or other means of access to buildings, houses or vehicles;

(d)

(Reserved)[3]

[3]

Editor's Note: Former Subsection E(5)(d), regarding repeated activity by a person which outwardly manifests no purpose, was repealed 2-8-2012 by Ord. No. 5340.

(e)

Continuous presence by a person in close proximity to any building, house, vehicle or any other property or to any other person, at any time, when the activity of such person manifests possible unlawful activity, such continuous presence being for an unreasonable period of time under the circumstances then existing;

(f)

(Reserved)[4]

[4]

Editor's Note: Former Subsection E(5)(f), regarding a change in direction by a person upon the appearance of a peace officer and in order to avoid meeting or crossing paths with such officer, was repealed 2-8-2012 by Ord. No. 5340.

(g)

If on private property, the continued refusal of a person to leave such private property when requested to do so by the owner, manager, proprietor or lessee of such property;

(h)

The continual blocking or interfering with the flow of pedestrian traffic on the sidewalk or vehicle traffic in the streets; or

(i)

The continued obstruction or restriction of the view of any pedestrian or vehicle operator so as to constitute a hazard to the pedestrian or vehicle operator or others.

Naked bathing. Any person who shall bathe naked in the public view, before dusk, in any river, creek or stream within 200 yards of any dwelling house or public road.

Indecent exposure. Any person who shall indecently expose his or her person, or shall relieve himself in or against any building, wall or fence, at or near any dwelling house, or in or upon any sidewalk, street or gutter.

Begging. Any person who shall travel about the City begging from door to door or upon the streets or by entering any premises, private dwellings, public buildings, schools, asking or subsisting upon charity, and for the purpose of acquiring money or a living, and who shall have no fixed place of residence or lawful occupation in the City.

Profane or vile language. Any person who shall use indecent, vile or profane language upon the public streets or in public places.

Interference at fires. Any person or persons who shall, by congregating or assembling at, near or about a place where a fire is in progress, or where the fire or police apparatus has been summoned by an alarm or necessity, and thereby hindering, delaying or obstructing any such apparatus, its men and equipment, or rendering dangerous by such assembling the management or handling of such apparatus.

Refusing to obey police orders. Any person who shall neglect or refuse to promptly regard and obey the orders of any police officer in respect to the discharge of his duties and in the enforcement of the City ordinances.

[Amended 4-20-1920 by Ord. No. 418]

Drinking in public places.

[Amended 7-12-1978 by Ord. No. 2462]

(1)

Terms used in this section are defined as follows:

DRINKING

Consuming or holding an open or partly consumed container of alcoholic beverage of any nature or having in one's possession an open or partly consumed container of alcoholic beverage of any nature.

PUBLIC PLACE

Any place to which the public has access and includes any street, highway, road, alley or sidewalk. It also includes the front or the neighborhood of any store, shop, restaurant, tavern or other public grounds areas, parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this Subsection L.

(2)

Certain types of drinking prohibited. No person shall drink in a public place without a duly authorized permit from the Mayor.

(3)

This subsection shall not apply to drinking of alcoholic beverages by an owner of private property and/or his guests, upon such private property, nor to drinking of alcoholic beverages by guests or patrons on the premises of an establishment holding a valid liquor license issued by the Pennsylvania Liquor Control Board.

Riding and/or use of skateboards, roller blades, roller skates, bicycles and scooters at special events.

[Amended 2-27-2002 by Ord. No. 4098]

(1)

The riding and/or use of skateboards, roller blades, roller skates, scooters, bicycles, or other such similar types of recreational devices or apparatus by any person shall be prohibited from all special events within the legal limits of the City of Easton. This prohibition includes all City-owned and/or -controlled real property and public property. The special events include, but are not limited to, the following events: Heritage Day, Afro-American Day, all parades, Canal Festival and such other similar events and activities as set forth by City Council under Ordinance No. 3985 enacted by Council on June 27, 2001.

(2)

The Council of the City of Easton shall, by resolution, declare such special events. The resolution shall contain the names of the special events from which the riding and/or the use of skateboards, roller blades, roller skates, scooters, bicycles, or such similar types of recreational devices or apparatus are prohibited. The special event area shall be posted with the notice of prohibition of the use of skateboards, roller blades, scooters, bicycles, or other such similar types of recreational devices or apparatus.

Only youth under the age of 14 may use the playground and its facilities unless there is an organized event such as Weed and Seed's Summer Nights or unless supervised by a parent or legal guardian.

[Added 4-22-2009 by Ord. No. 5200]

§ 410-3 Violations and penalties.

[Amended 2-27-2002 by Ord. No. 4098]

Any person violating any of the provisions of this chapter shall, upon conviction, be fined not more than $300 and, in default of payment of fine and costs, be imprisoned not more than 90 days.

[Amended 8-10-2022 by Ord. No. 5786]

Any person violating any of the provisions of § 410-2M shall have his/her skateboard, roller blades, roller skates, scooter, bicycle or other such similar types of recreation devices or apparatus confiscated and impounded for not more than 15 days. Any person violating the provisions of this chapter for the second time shall have the skateboard, roller blades, roller skates, scooter, bicycle or other such similar type of recreational devices or apparatus confiscated and impounded for not more than 30 days.

§ 410-4 Enforcement.

[Added 2-8-2012 by Ord. No. 5340]

Enforcement of this chapter shall be conducted by the Easton Police Department, Pennsylvania State Police and/or Lafayette College Police.