(a) Definitions. As used in this section, unless the context indicates clearly a different meaning, the following words and phrases shall have all the meanings as set forth below:
(1) "Disorderly house" means any place within the Borough of Ellwood City where persons gather or abide and where the owner, lessee, or person in charge permits, encourages, fails to correct through eviction or tends to allow drunkenness, illegal consumption, illegal drugs (whether kept, grown, manufactured, dispensed, sold or used), boisterous conduct, unseemly noise, fighting or any other conduct which disturbs the public peace or decorum, or promotes disorder and detracts from the dignity of the community. Said definition shall apply whether the place is public or private, a building or any lot or land in the Borough. All such places within the Borough are hereby declared a public nuisance.
(2) "Keeper of a disorderly house" means any person who is the owner, lessee, or person in charge of any such house at the time when any of the acts defined above are permitted or encouraged.
(3) "Inmate of a disorderly house" means any person, not the keeper of a disorderly house, who lives and abides in such disorderly house or is employed at, or attends a gathering in such a house, lot or other place, knowing that such house is a disorderly house as defined herein.
(b) Maintenance Prohibited; Arrest of Violator. No person shall permit, keep, maintain, or be an inmate of a disorderly house within the Borough. Violators are subject to the penalties of this section upon conviction.
(c) Enforcement. It shall be the duty of the police officers of the Borough to suppress and to close and keep closed any disorderly house and to arrest all persons found therein. If the keeper or any other person within such disorderly house refuse to permit any officer of the Borough to enter the same, the officer may enter the disorderly house or cause the same to be entered by whatever force is necessary and arrest, by issuance of citations or otherwise, all persons found therein.
(d) Notice of Violation to Property Owner.
(1) In an effort to keep the owners of private property aware of criminal conduct on their property resulting in disturbances to other citizens whenever a person other than the property owner is cited under the provisions of this section, the owner must be notified that such disturbance occurred on his, her or its property.
(2) Said notice must provide the owner with the specific conduct complained of, and that failure to correct or abate said conduct on the property will result in a violation.
(3) The said notice to a property owner a second time shall advise that the property owner failed to correct or abate the disturbance.
(4) A third violation will result in a violation of this section.
(5) It is a defense to this section if the property owner has taken action under the Landlord Tenant Act to evict the inmate of the disorderly house.
(e) Violations and Penalties. Any person who violates or permits a violation of this section shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $300 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 90 days. Each day that such 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 section in equity in the Court of Common Pleas of Lawrence County.
(Ord. 2595. Passed 5-16-22.)