Apr 7, 2014 4 min read

CARMICHAELS – Cumberland Township supervisors tabled action Monday on a proposed “disorderly house ordinance” because of concerns such an ordinance might violate residents’ constitutional rights.

Supervisor William Groves said the ordinance was questioned by the American Civil Liberties Union of Pennsylvania and, as a result, the supervisors would table action until the township solicitor had time to review the ACLU’s concerns.

The proposed ordinance would allow police or code enforcement officers to cite the occupants or owners of houses to which police are called for certain crimes or violations at least three times during a 12-month period.

In a letter to the township, Sara Rose, ACLU staff attorney, cautioned the township about adopting the ordinance.

“Although the township aims to address legitimate concerns in protecting the ‘peace, health, safety and general welfare’ of its citizens, we are concerned that the ordinance’s provisions could chill residents from exercising their First Amendment rights to hold gatherings in their homes and contact police for help,” it said.

Definitions in the ordinance are so vague, it could discourage people from engaging in constitutionally protected activities, such as the right to associate with others, it said, citing a provision of the ordinance that would allow criminal penalties for people who “hold, conduct or permit a gathering where any act of public disturbance occurs.”

This provision makes the host liable for the conduct of his guests without any requirement the host be involved in, or even be aware of, conduct creating a public disturbance, the letter said.

The provision of the ordiance regarding penalties for the number of violations in a 12-month period also might discourage people from calling police for help, the letter said.

Witold Walczak, legal director for the ACLU, said this type of provision is particularly opposed by domestic violence groups because it could discourage an abuse victim from calling police for help.

The letter also noted terms in the ordinance including “boisterous conduct,” “unseemly noise” and “conduct which disturbs the public peace or decorum” are so vague they violate the right to due process.

When the ordniance was first proposed, township police Chief Craig Miller said there are certain houses to which the township police and emergency responders are called repeatedly and he hoped the ordinance might help them address those problems.

Violations that would be used to determine whether a house is a “nuisance house” would include rioting or fighting, disorderly conduct, public drunkenness, cruelty to animals, illegal gambling, corruption of minors, underage drinking, drug violations, including drug overdoses and property maintenance and other local ordinance violations.

The ordinance would allow the township to impose a fine of up to $300 on the occupants or on the owner of a house.

In other business, the supervisors reported they are still working on developing a noise ordinance.

In October, the supervisors were presented with a petition signed by 112 residents, asking the township to consider adopting a noise ordinance. The petitions were presented by a resident who reported that a neighboring property owner frequently shoots high-powered rifles on his land, sometimes as late as 10 p.m.

Groves said noise is something that is difficult to control and any ordinance would have to be fair to everyone. “It’s not that we don’t want to do it,” Groves said. “We want to do it right.”

The supervisors recessed Monday’s meeting until April 21 to receive quotes to rehabilitate the infield at the Legion Field at Wana B Park.

The supervisors also voted to seek bids for the construction of new restrooms at the park. The new block building, which will be accessible to people with disabilities and feature locks that will automatically lock night, will be constructed between the pavilions and the ball fields.

The township voted to hire three part-time police officers, David Hromada, Mandy Mudrick and Eric Davis. They will receive no benefits and be paid $14 an hour, a wage that will increase to $15 after a year.

The supervisors voted to hold cleanup days to assist residents who want to dispose of unwanted household goods.

Residents can bring their unwanted items to the municipal building from 7 a.m. to 3 p.m. Saturday and Sunday, May 3 and 4. No tires, refrigerants, oil, liquids or electronics will be accepted.

The supervisors awarded a contract for various size stone to Laurel Aggregate, which submitted the low bid of $103,900; and a contract for gas and diesel fuel to Jacob’s Petroleum, which presented the low bid for 22,000 gallons of gas and 8,000 gallons of diesel for an amount totaling $92,931.