[Adopted 8-23-1978 by Ord. No. 78-22]
[Amended 8-12-1981 by Ord. No. 81-15; 4-10-1985 by Ord. No.
85-2]
It shall be unlawful for any person to linger
on Chambersburg municipal parking lots within the Borough of Chambersburg
or in vehicles parked thereon, between the hours of 10:00 p.m. and
8:00 a.m., prevailing time, for a purpose unconnected with lawful
activity related to the use and purpose for which such parking lots
were established, that is, for the parking of vehicles on and the
removal of vehicles from such parking lots, provided that appropriate
signs are erected that are either visible from the entrance to such
parking lots or posted conspicuously on the premises so as to give
reasonable notice.
[Amended 8-12-1981 by Ord. No. 81-15; 4-10-1985 by Ord. No.
85-2]
It shall be unlawful for any person to linger
on private parking lots within the Borough of Chambersburg established
by the owners or lessees thereof for customers or invitees or in vehicles
parked thereon, between the hours of 10:00 p.m. and 8:00 a.m., prevailing
time, for a purpose unconnected with lawful activity related to the
use and purpose for which such parking lots were established, that
is, for parking of vehicles on and the removal of vehicles from such
parking lots, provided that appropriate signs are erected by the owners
or lessees that are either visible from the entrance to such parking
lots or posted conspicuously on the premises so as to give reasonable
notice.
The provisions of §§
190-1 and
190-2 above shall not apply to any person while actually engaged in repairing a temporarily disabled vehicle for the purpose of removing it from the parking lot.
[Amended 9-22-2014 by Ord. No. 2014-09]
A. Any person and/or entity violating the provisions of Article
I, entitled "Loitering in Parking Lots," shall, upon conviction thereof, be guilty of a summary offense and sentenced to pay a fine of not more than $50 and all court costs and reasonable attorney fees and, in the event of default of payment, such violator may be sentenced to imprisonment for a period not to exceed five days.
B. Borough Police officers and peace officers as defined in Chapter
286 of this Code are hereby duly authorized to issue a ticket in the form established by the Borough to any person and/or entity violating the provisions of this article. The ticket shall instruct such violator that if he, she, or it reports to the Borough office and pays to the Borough the sum of $25 within 72 hours of the date of issuance of the ticket, then such payment shall save the violator through prosecution by a citation, which prosecution may result in court costs and attorney fees being assessed against the violator in addition to the fine.
C. Notwithstanding the above, the police officer, peace officer as defined in Chapter
286, or any other authorized individual shall have the sole and absolute discretion to issue a citation without first issuing a ticket as provided for herein.
[Adopted 9-22-1999 by Ord. No. 99-17]
This article shall be known as and may be cited
as the "Chambersburg Commercial Hanging Around Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
COMMERCIAL HANGING AROUND
A.
Being on a public sidewalk or within the public
street area;
B.
Repeatedly engaging in commercial transactions;
and
C.
The commercial transactions are within 300 feet
of any fixed point on a public sidewalk or street.
REPEATEDLY
Two or more commercial transactions within any four-consecutive-hour
period.
RESTRICTED AREAS
Areas defined by Town Council, after an advertised public
hearing, by resolution, as areas where commercial hanging out is interfering
with pedestrian and/or vehicle use to the extent that it amounts to
a public nuisance or threat to public safety.
Commercial hanging around without a license
is prohibited in the borough.
A license for commercial hanging around shall
be issued by the Borough Treasurer, or his designee, on the following
conditions:
A. Photo identification as required to obtain a Pennsylvania
driver's license, including name and address, is provided.
B. State sales tax license, when applicable under state
law, is provided.
C. No license fee shall be required.
D. Signature of the applicant agreeing not to commercially
hang around for more than two days in any thirty-day consecutive period
is provided.
E. Licenses shall not be required for any of the exclusions permitted under Chapter
254, Article
III, Street Vending, of this Code.
No person shall be charged with commercial hanging
around unless they have been provided a written warning after a commercial
transaction has been observed.
Enforcement of this article may be by any Chambersburg
police officer. Warnings and citations may be based on personal observation
or on information and belief.
Each violation of this article shall be punishable
by a fine of not less than $50 and not more than $600 or, in lieu
of payment of this fine, imprisonment for not more than 30 days.