City of Harrisburg, PA Chapter 3-339 Malicious Loitering or Prowling

[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 26-1985. Amendments noted where applicable.]

CROSS-REFERENCES

Disorderly conduct: see 3rd Class Code § 2403(55) [53 P.S. § 37403(55)]; Crimes Code, 18 Pa.C.S.A. § 5503.

§ 3-339.1 Definitions.

As used in this chapter the following words and terms shall have the following meanings:

LOITERING

Lingering, staying, remaining or waiting at one location.

MALICIOUS

Vexatious, annoying, injurious, or with intent to do a wrongful act.

PROWLING

Roving or wandering in a stealthful manner.

PUBLIC PLACE

Any place to which the public has access and includes any street, highway, road, alley, or sidewalk. It also includes the front or the surrounding area of any store, shop, restaurant, tavern, or other place of business and public grounds, areas and parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this chapter or, in the case of a minor, not owned or under the control of his or her parent or guardian.

§ 3-339.2 Prohibition.

No person shall maliciously loiter or prowl in a public place.

§ 3-339.3 Enforcement.

A. No person shall be convicted of maliciously loitering or prowling in a public place in violation of this chapter unless a police officer, at the time and upon observation of the alleged malicious loitering or prowling, determines that such person was causing or was likely to cause any of the conditions enumerated in the preceding section;

B. Unless flight by the person or other disabling circumstances make it impracticable, a police officer shall, prior to any arrest for an offense under this chapter, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify him/herself and explain his or her presence and conduct; and

C. No person shall be convicted of malicious loitering or prowling in a public place in violation of this chapter if the police officer did not comply with Subsection B hereof or if it appears to the fact finder at trial that the explanation given by the person was true and, if believed by the police officer at the time, would have dispelled the alarm.

§ 3-339.4 Rules, regulations and reporting.

A. Within 20 days of the enactment of this chapter, the Chief of Police shall provide Council with a copy of the rules and regulations adopted by the Police Bureau for enforcement of this chapter.

B. Within six months after the effective date of this chapter, the Chief of Police shall provide Council with a report concerning the effect of this chapter on crime and such other information as Council may direct.

§ 3-339.99 Penalty. [1]

Any person who violates the provisions of this chapter shall be subject to Chapter 3-399, Penalty, of these Codified Ordinances as well as any other penalty or fine provided by the Crimes Code.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).