[HISTORY: Adopted by the City Council of the City of Scranton as Ord. No. 100-1991 (Section 21-24 of the 1979 Code). Amendments noted where applicable.]
Definitions. For the purposes of this chapter, the following words shall have the meaning ascribed thereto:
- LAW ENFORCEMENT OFFICER
- A police officer or the Director of Public Safety of the city.
- Remaining idle in essentially one (1) location or lingering or standing around without purpose either alone or in consort with others.
- One who holds property in fee or who has equitable title.
- PUBLIC PLACE
- Any place to which the public has access and includes any public street, public sidewalk or public bridge, alley or court, as well as the front of and the area immediately adjacent to any parking lot, store, restaurant, tavern or other place of business.
Word usage. "Shall" is used in the mandatory sense.
No person shall loiter in a public place, as defined in § 309-1A, in such manner as to obstruct any public street, public sidewalk, public bridge or other public place or public building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles or pedestrians.
No person shall commit in or upon any public street, public sidewalk, public bridge or other public place or public buildings any act which obstructs or interferes with the free and uninterrupted use of property of the lawful conducting of any business by anyone in or upon or facing or fronting on any such public street, public sidewalk, public bridge or other public place or public building, in such manner as to hinder or impede or tend to hinder or impede the free and uninterrupted ingress and egress thereto.
Nothing in this section shall be construed to prohibit peaceful picketing provided that such picketing does not obstruct free and uninterrupted passage of vehicles or pedestrians.
No person shall loiter, as hereinafter defined, on private property which has been posted in accordance with this section.
Any owner of private property who desires to bring such property within this section shall post the property and provide public notice as specified below.
Each entrance shall have a sign posted as to be visible at all times to an ordinarily observant driver or pedestrian. Signs to be read in darkness are to be reflectorized or illuminated by lights which includes positioning to be illuminated by approaching vehicles.
Each building shall have a sign posted on each side where loitering is prohibited.
If loitering is prohibited in a parking lot, signs shall be posted prominently throughout. The signs shall state "Loitering Prohibited" or "No Loitering," and entrance signs shall also indicate, whether as one (1) sign or two (2) adjacent signs, "Violators Prosecuted." These signs shall contain lettering at least three-fourths (3/4) inches high.
The owner of private property to be posted shall advertise twice in a newspaper of general circulation within the City of Scranton or once in two (2) such newspapers, that he, name, owner of property identified by address or other description of its location, has posted "No Loitering Signs, Violators Prosecuted." The cost of such notice shall be at the owner's expense. A copy of such public notice shall be forwarded to the Director of Public Safety, with the date of publication.
Each owner of private property to be posted in accordance with § 309-3 above shall execute a hold harmless agreement, which shall be approved by the City Solicitor and which agreement shall clearly state that the Scranton Police Department cannot and does not serve as a guarantor of the safety of any person or property on said property, nor is it to act as private security personnel, but it may act to keep order and enforce this section thereon. A copy shall be filed with the Director of Public Safety and the City Solicitor.
The Director of Public Safety or his designate shall inspect such private property to ensure proper posting prior to enforcement action. If such property or owner fails to comply with the requirements of this section, the Director of Public Safety shall so inform him and no citation may thereafter be issued pursuant to § 309-3A herein until such compliance be made.
When any person causes or commits any of the conditions enumerated in § 309-2, a law enforcement officer of the City of Scranton shall order that person to stop causing or committing such condition. If any person receiving any such order from a law enforcement officer fails or refuses to obey the same, that person shall be guilty of violating the pertinent subsection of this section and upon conviction is subject to a fine not to exceed three hundred dollars ($300.) or imprisonment of not more than ninety (90) days, or both, plus costs of prosecution, as a violator of a summary offense.
Any person who violates § 309-3A posted property shall be guilty of a summary offense and, upon conviction, is subject to a fine not to exceed three hundred dollars ($300.) or imprisonment of not more than ninety (90) days, or both, plus costs of prosecution. The posting of the property shall constitute a warning.
Any document submitted to the Director of Public Safety, or written by him verifying the proper posting and public notice, may be, after certification by the Director of Public Safety, or an authorized custodian, that such documents are a fair and accurate copy of those on file with his office, shall be competent evidence in any court of competent jurisdiction to show compliance with the provisions of this section without any further evidence of their truth, accuracy or authenticity in any prosecution under this section.
Fines collected pursuant to this section shall be paid into the city treasury.
The owner, by advising the Director of Public Safety, in writing, may give thirty (30) days' prior notice of his intent to remove the signs required to be posted under this section. After such time no citations may be issued pursuant to § 309-3A. Nothing in this section shall be construed to limit or prohibit any person from posting his property for trespassing.