(a) "Disruptive activity" shall be any form of conduct, action, omission, incident or behavior perpetrated, caused or permitted on a property by the owner(s), tenant(s), occupant(s) or their invitee(s) of the property, which constitutes a violation of any of the following Codified Ordinances of the City of Johnstown, and/or statutes of the Commonwealth of Pennsylvania:
(1) Any public order offense under Chapter 610 (Alcohol Beverages), Chapter 646 (Minors; Section 646.01: Curfew), Chapter 658 (Peace Disturbances), Chapter 670 (Sex Related Offenses), Chapter 690 (Weapons and Explosives), and/or 18 Pa.C.S.A. §5501 (Riot), 18 Pa.C.S.A. §5502 (Failure to Disperse), 18 Pa.C.S.A § 5503 (Disorderly Conduct), 18 Pa.C.S.A. §5505 (Public Drunkenness), 18 Pa.C.S.A. § 5506 (Loitering), 18 Pa.C.S.A. §5512 (Lotteries), 18 Pa.C.S.A. §5513 (Gambling Devices, Gambling), or Pa.C.S.A. §5514 (Pool Selling and Bookmaking);
(2) 18 Pa.C.S.A. §4304 (Endangering the Welfare of Children), 18 Pa.C.S.A §6110.1 (Possession of Firearm by Minor), 18 Pa.C.S.A §6301 (Corruption of Minors), 18 Pa.C.S.A. §6308 (Purchase, Consumption or Possession of Alcoholic Beverages), 18 Pa.C.S.A. §6310 (Inducement to Buy Alcoholic Beverages), 18 Pa.C.S.A. §6310.1 (Selling or Furnishing Alcoholic Beverages to Minors), 18 Pa.C.S.A §6310.7 (Selling or Furnishing Nonalcoholic Beverages to Minors) or 18 Pa.C.S.A. §6319 (Solicitation of Minors to Traffic Drugs) of the Pennsylvania Crimes Code;
(3) Pennsylvania Uniform Firearms Act, 18 Pa.C.S.A. §6101 et seq.;
(4) Any violation related to the maintenance of a property free from noxious weeds, excessively high grass and refuse under Chapter 1890 (Weeds) of the Codified Ordinances of the City of Johnstown;
(5) 18 Pa.C.S.A §5901 (Open Lewdness), 18 Pa.C.S.A §5902 (Prostitution), 18 Pa.C.S.A. §5903 (Obscene and Other Sexual Materials and Performances), or 18 Pa.C.S.A §5904 (Public Exhibition of Insane or Deformed Person);
(6) Any offense relating to and against property under provisions contained in Chapter 654 of the Codified Ordinances of the City of Johnstown;
(7) Any sanitation violation under Section 1060.16(a) and (b) (Unlawful Placement or Scattering of Refuse) of the Codified Ordinances of the City of Johnstown, or 18 Pa.C.S.A. §6501 (Scattering Rubbish);
(8) Any animal offense under Chapter 614 (Animals) of the Codified Ordinances of the City of Johnstown; or 18 Pa.C.S.A §5511 (Cruelty to Animals); and
(9) Any violation of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act. 35 RS. §780-101 et seq.
(b) When the City Manager or his designated representative determines that the owner(s), tenant(s) or occupant(s) of a property or any person present at a property with the permission and knowledge of the owner(s), tenant(s) or occupant(s), has either been arrested or issued a citation or summons for disruptive activities occurring on the property on three separate occasions within any sixty day period, the City Manager or his designated representative may declare the property to be a disruptive property and proceed with the notice and enforcement procedures set forth in this chapter.
(c) For rental properties containing two or more rental units, each individual rental unit shall be considered a "property" for purposes of enforcement of this chapter. Thus, requiring that three separate citations, summons and/or arrests for disruptive activity must be made involving the same rental unit in order to declare the individual rental unit a disruptive property. Any occurrence of disruptive activity in the common area or curtilage of a rental property shall be charged to the specific rental unit that the actor occupies and not the property in whole.
(d) After a property has been declared a disruptive property, if law enforcement authorities are not called upon to respond to any disruptive activities for a period of twelve consecutive months, then the property will no longer be classified as a disruptive property.
(e) Any citation, summons or arrest for disruptive activity perpetrated by a tenant who is already in the process of being evicted, shall not count towards the declaration of a disruptive property pursuant to subsection (b) above, provided that the property owner can prove that an eviction action has been commenced in a court of law and that the property owner is actively prosecuting said eviction action against the tenant.
(Ord. 5038. Passed 9-23-09.)