[HISTORY: Adopted by the Borough Council of the Borough of Pleasant
Hills 5-17-2004 by Ord. No. 823.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 238, Loitering,
adopted 2-13-1961 by Ord. No. 247.
The purpose of this chapter is to prohibit the unlawful loitering of
persons on public property, public places or business property which impedes,
obstructs or otherwise interferes with access to places open to the public
or public rights-of-way. This chapter also prohibits loitering for the purpose
of engaging in drug-related activity. Nothing in this chapter is intended
to prohibit orderly picketing, demonstrating or other forms of free speech.
As used in this chapter, the following terms shall have the following
meanings, unless the context clearly indicates that a different meaning is
intended:
Borough of Pleasant Hills, Allegheny County, Pennsylvania.
Any property used for the purpose of operating a commercial business
and which, during business hours, is open to the public.
Remaining idle or gathering in one location, including sitting or
standing in or out of a motor vehicle or walking around a location aimlessly.
Every natural person, association, partnership or corporation. Whenever
used in any clause prescribing or imposing a fine or penalty of imprisonment
in default thereof, the term, as applied to associations, shall mean any partner
thereof and, as applied to corporations, shall mean the president, vice-president,
secretary and treasurer thereof.
Any place customarily open to the public.
Any property that, by right or custom, is open and available to the
public. Examples of such places include any public street, highway, sidewalks,
parking lot or garage within the Borough of Pleasant Hills.
No person shall, at any time, loiter on the exterior of any public property.
No person shall, at any time, loiter in or at any public place in such
a manner as to impede or interfere with the conducting of legitimate business
within such public place. No person may be found guilty of loitering in a
public building if such person was not first asked by an authorized person
of the public building or a police officer to leave the premises.
No person shall, at any time, loiter on private property that is customarily
used by the public as an integral part of a commercial business in such a
manner as to:
A.
Obstruct the free, unadulterated passage of pedestrians
or vehicles.
B.
Obstruct or interfere with any person lawfully seeking
access to or use of the commercial business.
C.
Make unreasonable noise, engage in tumultuous behavior,
use profane language, or create a physically offensive condition that causes
or is likely to cause public inconvenience, annoyance or alarm.
No person shall be guilty of a violation of this chapter unless:
A.
The property owner, tenant or other responsible and authorized
person posts the property with "NO LOITERING" signs or other notices of like
meaning at the entrance or entrances to the property and at intervals of,
at a maximum, every 75 feet measured from the side of the building which contains
an entrance(s). Property of 75 feet or less, measured on the entrance side
of building, may contain only one sign; or
B.
The person to be charged with loitering has been asked
by the property owner, tenant, police officer or other responsible and authorized
person to leave the property and has failed to leave.
Any person who shall violate any provision of § 238-3, 238-4 or § 238-5 of this chapter shall, upon convictions thereof, be sentenced to pay a fine of not less than $100 nor more than $600 plus costs and, upon default of payment of said fine and costs, to be imprisoned for a term not to exceed 30 days.
