Ordinance 429 – Nusiance

This is a retyped copy of the original Ordinance to be used for reference purposes only.

To view or obtain a copy of the original document, please contact the Martinsburg Police Department.

ORDINANCE OF THE BOROUGH OF MARTINSBURG AMENDING THE ORDINANCE NO. 258 RELATING TO PEACE AND GOOD ORDER IN THE BOROUGH DECLARING CERTAIN ACTS AGAINST THE GOOD ORDER AND GOVERNMENT, HEALTH AND CLEANLINESS OF THE BOROUGH TO BE UNLAWFUL, PROHIBITING AND PROVIDING PENALTIES FOR SAID VIOLATIONS.

BE IT ORDAINED BY THE COUNCIL OF MARTINSBURG BOROUGH, in Council assembled, it is hereby ordained and enacted by the Authority of the same, it shall be unlawful for any person within the limits of this Borough of the Streets, in public places or elsewhere therein:

SECTION 1: Sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13 and 15 of said prior Ordinance No. 258 are hereby affirmed and confirmed.

SECTION 2: Section 7 of said Ordinance relating to indecent immoral houses, shows or exhibitions, known as disorderly houses, is hereby amended to read as follows:

(a)   No person shall keep and maintain within the Borough a common, ill-governed and disorderly house or place, to the encouragement of idleness, gaming, drinking or other misbehavior and to the common nuisance and disturbance of the neighborhood. Nor shall a person set up, maintain, open or conduct any house of prostitution, gambling house, gambling devices of any kind, or place where gaming, fighting, cock-fighting, dog fighting, or other disorderly conduct or unlawful game or practice is conducted or permitted, or any tippling shop or house where brewed, vinous or distilled  alcoholic beverages of any kind are sold or served,  nor permit minors to frequent said establishment or permit minors to imbibe or drink any alcoholic beverages or use any drug or narcotics, not prescribed. No person shall be within such house engaged in such disorderly conduct.

If any of the above-mentioned unlawful practices are carried on in any house or place within the Borough, that house or place shall be deemed to be a disorderly house, and no person shall frequent such a house for unlawful, lewd and unjust purposes.

It shall be the duty of the Police Officers of the Borough to arrest every keeper of houses or places mentioned in this Section and every person found therein either upon view, or upon an information and warrant issued at any time, and to bring such persons before the District Justice, to be dealt with according to the provisions set forth.

(b)  No person shall lease a house or property for disorderly or immoral purposes, or allow any lease to continue after knowledge or notice is given to the owner that such premises or houses are used for disorderly or immoral purposes in violation of any provision in this Ordinance.

SECTION 3: Section 14 relating to penalties for disorderly houses or violations of other provisions of this Ordinance is hereby amended to read as follows:

PENALTIES:

Any person or persons violating any provision of this Ordinance shall upon conviction thereof before the District Justice be sentenced to pay a fine of not less than $25.00, nor more than $300.00 or be imprisoned in the Blair County Jail for a period not to exceed ninety (90) days, or both.

All other Ordinances or part of Ordinances inconsistent herewith are hereby repealed.

ORDAINED AND ENACTED at a regular meeting of the Borough Council held on the 1st day of October, 1984.