codified ordinances of the township of lawrence park …b54e4db7-4bd4-48… · property or parks,...

CODIFIED ORDINANCES OF THE TOWNSHIP OF LAWRENCE PARK

PART SIX - GENERAL OFFENSES CODE

______________________________________________________________________________

Chap. 610. Alcoholic Beverages. Chap. 616. Animals. Chap. 650. Offenses Relating to Property. Chap. 656. Peace Disturbances. Chap. 668. Safety, Sanitation and Health. Chap. 678. Weapons and Explosives.

3

CODIFIED ORDINANCES OF THE TOWNSHIP OF LAWRENCE PARK

PART SIX - GENERAL OFFENSES CODE _____________________________________________________________________________

CHAPTER 610

Alcoholic Beverages 610.01 Consumption or open 610.035 Possession of food or

container on public property beverages in glass or in vehicle. containers in parks and on

610.02 Consumption or open other public property. container on property under 610.04 Application of Federal or control of public agency. State laws.

610.03 Consumption or open 610.99 Penalty. container on other public property.

CROSS REFERENCES Disorderly conduct - see Crimes Code Sec. 5503 Public drunkenness - see Crimes Code Sec. 5505 Warrantless arrests for purchase, consumption, possession or

transportation of liquor or malt or brewed beverages - see ADM. 242.02

Bottle clubs - see P. & Z. 1286.24

____________________________________________________________________________

610.01 CONSUMPTION OR OPEN CONTAINER ON PUBLIC PROPERTY OR IN VEHICLE.

No person shall consume any alcoholic beverage or be in the possession of any alcoholic beverage in an open container in any public park in the Township of Lawrence Park, nor on any public street, roadway, alley or sidewalk within the said township, nor in or adjacent to any public facility of the Township of Lawrence Park, nor shall any person consume any alcoholic beverages or be in the possession of any alcoholic beverage in an open container while in a vehicle parked on or in any public vehicle parking area, or in or adjacent to any public park or public facility of the said Township. (Ord. 287-83. Passed 4-12-83.)

1998 Replacement

610.02 GENERAL OFFENSES CODE 4

610.02 CONSUMPTION OR OPEN CONTAINER ON PROPERTY UNDER CONTROL OF PUBLIC AGENCY.

Unless otherwise restricted by the Board of Commissioners, governmental agencies, public authorities, public commissions and public boards that have direct responsibility for the operation of specific parcels of public property shall have the option to allow or disallow the consumption of alcoholic beverages or the possession of alcoholic beverages in an open container on the property which is within said agency's, authority's, commission's or board's jurisdiction to operate. (Ord. 287-83. Passed 4-12-83.)

610.03 CONSUMPTION OR OPEN CONTAINER ON OTHER PUBLIC PROPERTY.

If approved by the Board of Commissioners, permission may be granted to allow the consumption of alcoholic beverages and the possession of alcoholic beverages in open containers on other public property not covered by Section 610.02. (Ord. 287-83. Passed 4-12-83.)

610.035 POSSESSION OF FOOD OR BEVERAGES IN GLASS CONTAINERS IN PARKS AND ON OTHER PUBLIC PROPERTY.

No person shall possess food or beverages in glass containers in any public park or other Municipal property in the Township, unless specifically permitted pursuant to the provisions of Section 610.02 or 610.03. (Ord. 355-93. Passed 8-24-93.)

610.04 APPLICATION OF FEDERAL OR STATE LAWS. All State and Federal laws which pertain to the consumption and use of alcoholic beverages shall apply. (Ord. 287-83. Passed 4-12-83.)

610.99 PENALTY. Any person or persons violating or failing to comply with any of the provisions of

this chapter, may, upon conviction in a summary proceeding, be subjected to a fine not exceeding three hundred dollars ($300.00) for each offense and, in default of payment thereof, imprisonment in Erie County Jail for a term not in excess of ninety days. (Ord 287-83. Passed 4-12-83.) 1998 Replacement

5

CHAPTER 616 Animals

616.01 Definitions. 616.02 Restraint of animals. 616.03 Fouling on property of

others. 616.04 Animals disturbing the

peace. 616.05 Warnings; notices;

violations.

616.06 Complaints; prosecution of

violators. 616.07 Abatement of violations in

lieu of prosecutions. 616.99 Penalty.

CROSS REFERENCES Power to regulate animals running at large - see 1st

Class Sec. 1502-XXX Power of Board of Health to inspect hogpens, stables, etc. -

see 1st Class Sec. 1608 Cruelty to animals - see Crimes Code Sec. 5511 False registration of domestic animals - see Crimes Code

Sec. 6707

616.01 DEFINITIONS. For the purposes of this chapter, the following terms shall have the following

meanings: (a) “Custodian” means any person who has control of a dog. (b) “Fouling” means defecating by a dog. (c) “Keeper” means anyone who is responsible for a dog, whether or not the

dog is in that person=s presence. (d) “Nuisance” means an offensive, annoying, unpleasant or obnoxious thing or

practice; or a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another=s right.

(e) “Owner” means any person having a right of property in any dog or having custody of any dog, or any person who harbors or permits a dog to remaiin on that person=s property and who feeds said dog on a regular basis. (Ord. 321-88. Passed 10-11-88.)

2009 Replacement


616.02 RESTRAINT OF ANIMALS. (a) It shall be the duty of the owner, custodian or keeper, or the parent or

guardian of any minor owner, custodian or keeper, of any dog, to keep the dog secured on a leash or chain not more than six feet in length any time the dog is on Township property or parks, playgrounds, recreation areas, mini-malls, school grounds, sidewalks, roadways, alleys or planted areas of the Township.

(b) On private property it shall be the duty of the owner of an animal to control or restrain said animal in such a way as to prevent the animal from attacking or threatening any person legitimately coming onto the property or being on any sidewalk, street or lot adjacent to the property. (Ord. 321-88. Passed 10-11-88; Ord. 491-2008. Passed 12-23-08.)

616.03 FOULING ON PROPERTY OF OTHERS. It shall be the duty of the owner, custodian or keeper, or the parent or guardian of

any minor owner, custodian or keeper, of any dog, except seeing-eye dogs, to keep the dog from fouling any property in the Township of Lawrence Park, other than that property of the owner or custodian. In the event a dog defecates on any property other than the property of the owner or custodian, it shall be the responsibility of the owner or custodian to remove such matter from the property immediately. (Ord. 321-88. Passed 10-11-88.)

616.04 ANIMALS DISTURBING THE PEACE. (a) It shall be unlawful for any person to own, harbor or keep in their custody

any animal which, by harsh noise or disturbance, disturbs, interferes or otherwise deprives the peace, quiet, rest and peaceful enjoyment of the public.

(b) Barking, howling or the making of loud or harsh noise by any animal for a period of fifteen minutes or more on two or more occasions in a forty-eight hour period, shall constitute a disturbance of the peace, quiet, rest, sleep and enjoyment of the public and shall constitute a violation of this section. (Ord. 321-88. Passed 10-11-88; Ord. 491-2008. 12-23-08.)

616.05 WARNINGS; NOTICES; VIOLATIONS. (a) Any Township resident may request the Township Police Department to

warn any person who owns, harbors or keeps in custody any animal which disturbs the peace, quiet, rest or sleep of any person within the Township by barking, howling or making loud noises, or which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, by-pass, play area, park or any place where people 2009 Replacement

7 Animals 616.99 congregate or walk, or on any public property whatsoever, or on any private property without permission of the owner of such property.

(b) Any such request shall identify and specify the residence of the owner, keeper or custodian of the animal. Upon receipt of such request, the police shall mail, by certified mail, a copy of this section to the person identified as the owner, keeper or custodian of the animal.

(c) A violation of this section shall be deemed to occur after delivery of the first warning and upon a second or subsequent violation of this section. (Ord. 321-88. Passed 10-11-88.)

616.06 COMPLAINTS; PROSECUTION OF VIOLATORS. Upon receiving complaints or information that an owner, custodian or keeper, or a

parent or guardian of any minor owner, custodian or keeper, of any dog, has permitted said dog to violate this chapter, the Township Police Department, if the facts so warrant, shall prosecute the said owner, custodian or keeper, or the parent or guardian of any minor owner, custodian or keeper, of said dog, under the terms of this chapter. (Ord. 275-79. Passed 2-27-79.)

616.07 ABATEMENT OF VIOLATIONS IN LIEU OF PROSECUTIONS.

It shall be a sufficient defense and no prosecution shall be successful under Sections 616.03, 616.04 and 616.05 as they involve fouling of property where the owner, custodian or keeper of such dog immediately removes all feces deposited by such dog and disposes of same in a sanitary manner. (Ord. 275-79. Passed 2-27-79.)

616.99 PENALTY. Any person or persons or other entity whatsoever violating any of the provisions of

this chapter shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than twenty-five dollars ($25.00) and costs of prosecution for the first offense and not less than one hundred dollars ($100.00) nor more than two hundred-fifty dollars ($250.00) and costs of prosecution for each succeeding offense. Each separate occurence shall constitute a new violation. Upon default of payment of the fine imposed and costs, defendant shall be imprisoned in the Erie County Jail for a period not to exceed thirty days. (Ord. 321-88. Passed 10-11-88.)

2009 Replacement

GENERAL OFFENSES CODE 8 2009 Replacement

9

CHAPTER 650 Offenses Relating to Property

650.01 Tampering with public 650.04 Removal of material from

property. streets, alleys or public 650.02 Tampering with stakes, grounds.

posts and monuments. 650.05 Exceptions. 650.03 Tampering with warning 650.06 Civil liability of violators.

lamps, signs or barricades. 650.99 Penalty

CROSS REFERENCES Arson, criminal mischief and other property destruction - see

Crimes Code Ch. 33 Burglary and other criminal intrusion - see Crimes Code Ch. 35 Robbery - see Crimes Code Ch. 37 Theft and related offenses - see Crimes Code Ch. 39 Forgery and fraudulent practices - see Crimes Code Ch. 41

______________________________________________________________________________

650.01 TAMPERING WITH PUBLIC PROPERTY. No person shall destroy or injure in any way whatsoever or tamper with or deface

any public property of the Township of Lawrence Park, within or without the Township, or any grass, walk, lamp, ornamental work, building, street light or water stop box on or in any of the streets, alleys, sidewalks or public grounds in the Township. (Ord. 263-77. Passed 8-9-77.)

650.02 TAMPERING WITH STAKES, POSTS AND MONUMENTS. No person shall in manner interfere with or meddle with or pull, drive, change,

alter or destroy any stake, post, monument or other evidence of any elevation, grade, line, location, corner or angle in the Township, made, placed or set, or hereafter made, placed or set, or caused to be done by authorities of the Township in any survey of or in any street, alley or public ground in the Township, to evidence the location, elevation, line, grade, corner or angle of any public street, alley, sidewalk, curb, gutter, drain or other public work, matter or thing. (Ord. 263-77. Passed 8-9-77.)

1992 Replacement


650.03 TAMPERING WITH WARNING LAMPS, SIGNS OR BARRICADES.

No person shall destroy, remove, deface, obliterate or cover up any lamp, warning sign or barricade erected by the authorities of the Township, or by any person doing work by permission of the authorities of the Township, on any of the streets, alleys, sidewalks or bridges in the Township or on any public grounds of the Township, within or without the Township, as a warning of danger. (Ord. 263-77. Passed 8-9-77.)

650.04 REMOVAL OF MATERIAL FROM STREETS, ALLEYS OR PUBLIC GROUNDS.

No person shall take any earth, stone or other material from any of the streets, alleys or public grounds in the Township. (Ord. 263-77. Passed 8-9-77.)

650.05 EXCEPTIONS. This chapter shall not apply to normal activities in connection with the construction, maintenance and repair of streets, alleys, sidewalks and public grounds and the structures and fixtures located thereon or therein, or to incidental results of work done thereon or therein upon permit from or by authority of the Township. (Ord. 263-77. Passed 8-9-77.)

650.06 CIVIL LIABILITY OF VIOLATORS. Imposition of the penalty provided in Section 650.99 for any violation of this chapter shall not preclude the Township or other injured party from taking proper legal action to recover damages resulting from such violation. (Ord. 263-77. Passed 8-9-77.)

650.99 PENALTY. Any person violating any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than three hundred dollars ($300.00) and costs of prosecution, or, in default of payment of such fine and costs, to undergo imprisonment for not more than thirty days. Each violation of any provision of this chapter, and each day the same is continued, shall be deemed a separate offense, and the fact that a violater has been penalized, after hearing, as herein provided, shall not preclude the Township or other injured party from taking proper legal action to recover damages resulting from such violation. (Ord. 263-77. Passed 8-9-77.) 1992 Replacement

11

CHAPTER 656 Peace Disturbances

656.01 Loitering and prowling. 656.02 Minors curfew. 656.03 Excessive noise.

656.04 Presence or participation in a disorderly house prohibited.

656.99 Penalty.

CROSS REFERENCES Riot - see Crimes Code Secs. 5501, 5502 Disorderly conduct - see Crimes Code Sec. 5503 Public drunkenness - see Crimes Code Sec. 5505 Loitering and prowling at night time - see Crimes Code Sec. 5506 Warrantless arrests for public drunkenness or disorderly

conduct - see ADM. 242.02 Animals disturbing the peace - see GEN. OFF. 616.04

656.01 LOITERING AND PROWLING. (a) Definitions. As used in this section, the following words have the

meanings indicated: (1) "Malicious" means done willfully, intentionally and without legal

justification, cause or excuse. (2) "Loiter" means to be dilatory, slow in movement and/or to linger or

stand around. (3) "Prowl" means to appear to be searching, using stealth, being quiet

and/or being secretive.

(b) Malicious Loitering or Prowling Prohibited. (1) From and after the passage of this section, it shall be unlawful to

maliciously prowl or maliciously loiter in, around or near, on the property of another and without the consent of such owner, any equipment, excavation or building other than a dwelling house or other place used wholly or partly for living or dwelling purposes.

(2) It shall be unlawful to maliciously prowl or maliciously loiter in, around or near any park or playground area, public recreation building, public school or other public area within the Township. Such areas will be closed from one-half (1/2) hour after sunset until one-half (1/2) hour prior to sunrise, except as otherwise set forth in subsection (3), below.

2007 Replacement


(3) In lighted areas such as tennis courts, tennis playing is permitted and supervised playground activities are permitted during other hours, but only during such time as such areas are lighted. Permission may be granted by the Commissioner for Recreation or his or her agent, in writing, for other appropriate activities. (Ord. 447-03. Passed 10-14-03.)

656.02 MINORS CURFEW. (a) Remaining in Public Places at Certain Hours Prohibited. No minor under

the age of eighteen years shall be on or remain in or upon the streets, alleys or public places within the Township at night, between 12:00 midnight and 6:00 a.m. of the following day, unless such person is accompanied by a parent, a legal guardian or another person over the age of twenty-one having legal custody of such minor or bearing a written authorization signed by such minor's parent to take said parent's place in accompanying said minor for a designated period of time and purpose, with said authorization being signed and dated the day upon which it is utilized.

(b) Exceptions. In the following circumstances, a minor under the age of eighteen years shall not be considered in violation of this section:

(1) In cases of emergency or reasonable necessity, but only after such minor's parent or legal guardian has communicated to the Police Department the facts establishing such reasonable necessity or emergency and specifying the time, purpose and points of origin and destination.

(2) When returning home, by a direct route, from a school activity, an activity of a religious organization, voluntary association or established club, or a legitimate place of employment, within thirty minutes of the termination of said activity or employment.

(3) When a minor is, with the consent of a parent or legal guardian, in a motor vehicle travelling between specific destinations. This exception shall not apply in circumstances where the motor vehicle has stopped or parked, other than at the specific destination.

(c) Parental Responsibility. No parent or other adult having legal custody of a minor under the age of eighteen years shall knowingly permit or, by inefficient or ineffective control, allow such minor to be or remain upon any Township street, alley or public place in violation of this section. The term "knowingly" includes knowledge which a parent or other adult having legal custody should reasonably be expected to have concerning the whereabouts of a minor in his or her custody.

2004 Replacement

12A Peace Disturbances 656.99

(d) Stopping and Detaining Violators; Notification of Parents or Legal Guardian. Any person believed to be a minor under the age of eighteen years and violating the provisions of this section may be stopped and detained by the Police Department. A parent or legal guardian may be notified and instructed to pick up said minor, if the officer determines such procedure is necessary.

(e) Violations. In the case of a first violation by a minor, a written notice of said violation shall be sent to the minor and the parents or custodian of said minor by certified mail, return receipt requested, notifying them of said violation and providing a warning that subsequent violations will result in the imposition of penalties. The Police Department shall maintain adequate records regarding all violations of this section. (Ord. 389-96. Passed 1-28-97.)

656.03 EXCESSIVE NOISE. No person shall operate, play or permit the operation or playing of any radio,

stereo, television, phonograph, drum, musical instrument, sound amplifier, automobile radio, automobile stereo or hi-fidelity equipment, or similar device, which produces, reproduces or amplifies sound:

(a) Which creates a noise disturbance across a real property boundary; (b) In such a manner as to create a noise disturbance across any real property

boundary when operated in or on a motor vehicle located on a public right-of-way or public space, including, but not limited to, roads and sidewalks;

(c) In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier; or

(d) At such a sound intensity that the sound is audible in any public area, street or sidewalk at a distance of fifty feet or more from its source. (Ord. 421-99. Passed 1-11-2000.)

656.04 PRESENCE OR PARTICIPATION IN A DISORDERLY

HOUSE PROHIBITED. No individual shall knowingly be present and/or participate in an ill governed or

disorderly house or place wherein gambling or drinking is occurring, when the same constitutes a common nuisance or disturbance to the neighborhood or orderly citizens. (Ord. 468-06. Passed 11-14-06.)

656.99 PENALTY. (a) Whoever violates Section 656.01 or Section 656.03 shall, upon conviction

thereof, be fined not more than three hundred dollars ($300.00) and costs of prosecution. In default of such payment, such person shall be imprisoned in the County Jail for a period not to exceed ten days. Each day during which any violation of Section 656.01 or Section 656.03 continues shall constitute a separate offense. (Ord. 421-99. Passed 1-11-2000.)

2007 Replacement

656.99 GENERAL OFFENSES CODE 12B

(b) Whoever violates Section 656.02 shall, upon a subsequent violation thereof within 365 days of a notice, as set forth in Section 656.02(e), or within 365 days of a prior violation for which a citation was issued, be fined twenty-five dollars ($25.00) for a first offense. Said fine shall be increased by an additional twenty-five dollars ($25.00) for each offense occurring within 365 days. The District Justice shall, upon finding that a parent or custodian is in violation of Section 656.02, order the parent or custodian to pay such fine and costs of prosecution, and, upon failure to pay such fine and costs of prosecution, to be imprisoned in the County Jail for a period not to exceed thirty days. (Ord. 389-96. Passed 1-28-97.)

(c) Whoever violates Section 656.04 shall be guilty of a summary offense and shall be fined not more than three hundred dollars ($300.00) or imprisoned for not more than 90 days, or both. (Ord. 468-06. Passed 11-14-06.) 2007 Replacement

13

CHAPTER 668 Safety, Sanitation and Health

668.01 Accumulations of leaves, 668.03 Open fires.

trash, etc., on streets and in 668.99 Penalty. gutters.

668.02 Smoking on school property or school buses.

CROSS REFERENCES Authority to regulate or prohibit open burning - see 1st Class

Sec. 1502-LXVI Scattering rubbish - see Crimes Code Sec. 6501 Refrigerators and iceboxes - see Crimes Code Sec. 6502 Posting advertisements on property of another - see Crimes Code

Sec. 6503 Public nuisances - see Crimes Code Sec. 6504 Discarding television sets and tubes - see Crimes Code Sec. 6505 Storage facilities in dwellings - see B. & H. 1448.06 Accumulations of garbage and rubbish on private property - see

B. & H. 1448.11(b)

______________________________________________________________________________

668.01 ACCUMULATIONS OF LEAVES, TRASH, ETC. ON STREETS AND IN GUTTERS.

(a) Accumulations Prohibited. The intentional accumulation by the owner or occupant of property of leaves, trash, papers, bushes, branches, grass and all types of similar cuttings and debris (herein referred to as "accumulations") in the paved and travelled portions of the streets and in the gutters, culverts, sewers and drains thereof is hereby prohibited.

(b) Exceptions. Notwithstanding the provisions of subsection (a) hereof, accumulations of the types of materials specified may, from time to time as need arises generally within the Township, be authorized by the Board of Commissioners, but such accumulations shall be confined to the areas between the paved streets and the sidewalks (or property line where no sidewalks exists) in such manner as to accommodate the easy removal thereof, and no such accumulations shall be allowed or permitted in the areas specified in subsection (a) hereof. (Ord. 210. Passed 11-10-70.)


668.02 SMOKING ON SCHOOL PROPERTY OR SCHOOL BUSES. (a) School Property.

(1) Smoking prohibited except in designated areas. No person shall smoke any cigarette, cigar, tobacco, drug or any similar item on any public school property in Lawrence Park Township, except in approved smoking areas as designated by the Iroquois School District.

(2) "No Smoking" signs to be posted. The Iroquois School District shall keep posted in prominent and conspicuous places on each public school property a sufficient number of conspicuously lettered "No Smoking" signs warning against violations of this subsection and calling attention to the penalty for such violation. A "sufficient number" shall mean a sign at the entrance or entry of each public school building or property. (Ord. 271-78. Passed 9-12-78.)

(b) School Buses.

(1) Smoking prohibited. No person shall smoke any cigarette, cigar, tobacco, drug or any similar item on any school bus in Lawrence Park Township.

(2) "No Smoking" signs to be posted. Every person, firm, entity, company, corporation, partnership, association or business of any nature owning or having management or control of any conveyance or vehicle mentioned or contemplated by paragraph (b)(1) hereof shall keep posted in prominent and conspicuous places in each of said buses, conveyances or vehicles a sufficient number of conspicuously lettered "No Smoking" signs warning against violations of this subsection and calling attention to the penalty for such violation. A "sufficient number" shall mean that any one of the signs shall be readable from any place large enough for a person to occupy in the bus, conveyance or vehicle. (Ord. 272-78. Passed 9-12-78.)

668.03 OPEN FIRES. (a) Definitions. The following words, terms and phrases are hereby defined

for purposes of this section and shall have the meanings ascribed to them, unless the context clearly indicates otherwise:

(1) "Person" means any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.

(2) "Board" means the Township Board of Commissioners. (3) "Garbage" means all putrescible animal and vegetable matter

resulting from the handling, preparation, cooking and consumption of food.

15 Safety, Sanitation and Health 668.03

(4) "Rubbish" means solids not considered to be highly flammable or explosive, including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.

(5) "Trade waste" means all solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials, provided however, that "trade waste" shall not include any coal refuse associated with the mining or preparation of coal.

(6) "Refuse" means garbage, rubbish and trade waste. (7) "Salvage operation" means any business, trade or industry engaged

in whole or in part in salvaging or reclaiming any product or material, including, but not limited to, metals, chemicals, shipping containers or drums.

(8) "Open fire" means a fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.

(9) "Furnace" means any enclosed device specifically designed for the burning of any material for the production of heat.

(10) "Incinerator" means any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.

(b) Prohibition of Open Fires. Except as hereinafter provided, no person

shall, after the effective date of this section (Ordinance 206, passed April 14, 1970), cause, suffer, allow or permit the ignition, feeding or maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his or her control outside of any building. However, the burning of paper products or dry vegetable matter, such as wood or leaves, by open fire, when such fire is in conjunction with the occupancy of a parcel of land for single-family or two-family use, shall be lawful, provided that:

(1) Such burning shall be enclosed in a container no larger than a standard fifty-five gallon drum and shall have a cover to contain ashes and other materials therein, if the same should be necessary. Under no circumstances shall ashes, burning materials or other wastes be permitted to escape the burning container.

(2) Such burning shall be permitted on the second and fourth Saturdays of each month, between the hours of 7:00 a.m. and 12:00 noon. All fires shall be completely extinguished prior to the end of the permitted burning period. In the event of a drought or other conditions, the Board of Commissioners may, upon motion, temporarily suspend all open fires until such time as said threat due to drought or other condition has ended.

2000 Replacement


(3) Such burning shall be constantly attended by a competent person sixteen years of age or older, until such burning is completely extinguished.

(4) A supply of water through a hose or other such extinguisher shall be readily available for the purpose of extinguishing the fire in the event of danger or excessive smoke.

(5) Such burning shall take place within the confines of the property owned, leased or rented by the person or persons doing the burning and no closer to any adjoining property line than six feet.

(c) Exceptions. (1) Open fires may be set in the performance of an official duty of any

public officer if the fire is necessary for: A. The prevention of a fire hazard which cannot be abated by

other means; B. The protection of the public health; or C. Training of Fire Department personnel.

(2) Open fires may be set and maintained after application to and approval thereof by the Board of Commissioners, which may impose conditions on any such approval.

(d) Enforcement. Enforcement of this section shall be within the jurisdiction of both the Lawrence Park Police Department and the duly appointed Code Enforcement Officer. (Ord. 206. Passed 4-14-70; Ord. 235. Passed 5-13-75; Ord. 238. Passed 3-9-76; Ord. 254-77. Passed 8-9-77; Ord. 343-91. Passed 12-10-91; Ord. 367-94. Passed 7-26-94; Ord. 417-99. Passed 6-8-99.)

668.99 PENALTY. (a) Any person violating the provisions of Section 668.01 shall, upon conviction

thereof before a Justice of the Peace, pay to the Township a fine or penalty of twenty-five dollars ($25.00) for the first offense, fifty dollars ($50.00) for the second offense, and not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00) for a third or subsequent offense. (Ord. 210. Passed 11-10-70.)

(b) Any person or persons violating any provision or provisions of Section 668.02(a) shall, upon conviction thereof in a summary proceeding before a District Magistrate or other proper authority, be sentenced to pay a fine not to exceed three hundred dollars ($300.00) or an alternative public work experience, and, in default of said payment or work experience, to be confined to the Erie County Jail or other proper institution for a period of not less than one nor more than five days. (Ord 271-78. Passed 9-12-78.)

2000 Replacement

17 Safety, Sanitation and Health 668.99

(c) Any person or persons violating any provision or provisions of Section 668.02(b) shall, upon conviction thereof in a summary proceeding before a District Magistrate or other proper authority, be sentenced to pay a fine not to exceed three hundred dollars ($300.00) or an alternative public work experience, and, in default of said payment or work experience, to be confined to the Erie County Jail or other proper institution for a period of not less than one nor more than five days. (Ord. 272-78. Passed 9-12-78.)

(d) Any person who shall violate any provision of Section 668.03 shall, upon conviction thereof, be sentenced to pay a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for the first violation, and not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00) for the second and subsequent violations, and costs of prosecution for each offense, or, in default of payment of such fines and costs, to undergo imprisonment for not more than thirty days. (Ord 417-99. Passed 6-8-99.)

2000 Replacement

18

CHAPTER 678 Weapons and Explosives

678.01 Intent of chapter. 678.02 Sale of certain weapons to

minors prohibited. 678.03 Possession of certain

weapons by minors prohibited.

678.04 Permitting use of certain weapons by minors prohibited.

678.05 Seizure and destruction of weapons.

678.06 Sale or use of fireworks prohibited; exceptions.

678.07 Discharging firearms and other weapons.

678.99 Penalty.

CROSS REFERENCES Firearms and other dangerous articles - see Crimes Code Ch. 61 Sale or lease of weapons and explosives to minors - see

Crimes Code Sec. 6302 Sale of starter pistols to minors - see Crimes Code Sec. 6303 Sale and use of air rifles - see Crimes Code Sec. 6304 Storage limits - see F. P. 1610.15(a) Motor vehicle routes for transporting explosives - see F. P.

1610.16

678.01 INTENT OF CHAPTER. The intent of this chapter is to further promote the safety and security of the

public and the safeguarding of property. (Ord. 91. Passed 12-5-50.)

678.02 SALE OF CERTAIN WEAPONS TO MINORS PROHIBITED. It shall be unlawful for any person, persons, firm or corporation to sell or to offer

or expose for sale within the Township of Lawrence Park to any minor under the age of eighteen years any rifle or air pistol (commonly known as a BB gun), slingshot or similar device. (Ord. 91. Passed 12-5-50.) 2011 Replacement

19 Weapons and Explosives 678.07

678.03 POSSESSION OF CERTAIN WEAPONS BY MINORS PROHIBITED.

It shall be unlawful for any minor under the age of eighteen years to use or to possess with intent to use within the Township of Lawrence Park any rifle or air pistol (common known as a BB gun), slingshot or similar device. (Ord. 91. Passed 12-5-50.)

678.04 PERMITTING USE OF CERTAIN WEAPONS BY MINORS PROHIBITED.

It shall be unlawful for any person owning or having in his or her custody any rifle or air pistol (commonly known as a BB gun), slingshot or similar device, or to permit any minor under the age of eighteen years to use the same within the Township of Lawrence Park. (Ord. 91. Passed 12-5-50.)

678.05 SEIZURE AND DESTRUCTION OF WEAPONS. The Chief of Police of the Township of Lawrence Park is hereby authorized to

seize, remove and destroy any rifle or air pistol (commonly known as a BB gun), slingshot or similar device, which may be used or discharged within the Township by any minor under the age of eighteen years or which may be found in his or her possession with intent to be used within the Township. (Ord. 91. Passed 12-5-50.)

678.06 SALE OR USE OF FIREWORKS PROHIBITED; EXCEPTIONS. It shall be unlawful for any person, copartnership, association or corporation

within the Township of Lawrence Park to sell, expose or offer for sale, give, discharge, fire, use, set off or explode any rocket, blank cartridge, pistol for the use of blank cartridges, torpedo, Roman candle, squib, firecracker, sparkler or other fireworks of any kind whatsoever, or any substance or explosive intended for pyrotechnical display, provided, however, that with the special consent of the Board of Commissioners, evidenced by resolution, pyrotechnical displays may be properly stored and conducted at such times and places within the Township as the Commissioners may designate. (Ord. 21. Passed 10-19-28; Ord. 244-77. Passed 8-9-77.)

678.07 DISCHARGING FIREARMS AND OTHER WEAPONS. (a) Prohibitions. It shall be unlawful for any person to discharge a rifle, gun,

pistol, arrow or other projectile from a bow or sling shot within 450 feet of a dwelling house, school, park or other occupied structure, except as provided in subsection (b) hereof.

1993 Replacement


(b) Exceptions. (1) A person may discharge a rifle, gun, pistol, arrow or other projectile

from a bow or sling shot within 450 feet of a dwelling house, school, park or other occupied structure, if such person has the approval of the owner of every such dwelling house, school, park or other occupied structure within 450 feet and if the projectile shall remain on the property for which permission has been obtained.

(2) A person may discharge a rifle, gun, pistol, arrow or other projectile from a bow or sling shot inside a totally enclosed structure which would not permit the projectile to exit such structure. (Ord. 342-91. Passed 12-10-91.)

678.99 PENALTY. (a) Any person, firm or corporation violating any of the provisions of Sections

678.01 through 678.05 shall, upon each violation and conviction thereof, pay a penalty of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), with costs, and upon default of the payment of penalty and costs, the person or persons convicted may be committed to imprisonment not exceeding thirty days. (Ord. 91. Passed 12-5-50.)

(b) Any person, partnership, association or corporation who or which shall violate any of the provisions of Section 678.06 shall, upon conviction thereof, be sentenced to pay a fine of not more than one hundred dollars ($100.00) and costs of prosecution, or, in default of payment of such fine and costs, to undergo imprisonment for not more than thirty days. (Ord 244-77. Passed 8-9-77.)

(c) Any person who violates any provision of Section 678.07 shall be subject to prosecution and a fine of not more than one thousand dollars ($1,000) nor less than two hundred fifty dollars ($250.00). Each day's continuation of such violation shall constitute a separate offense punishable by a like fine. (Ord. 342-91. Passed 12-10-91.) 1993 Replacement

codified ordinances of the township of lawrence park …b54e4db7-4bd4-48… · property or parks,...

Documents