[Ord. No. 2018-2291, 10/9/2018]
This Part shall be known as "Public Places — Prohibited
Conduct."
[Ord. No. 2018-2291, 10/9/2018]
1.
The Borough Council of Phoenixville finds and declares that it is
its intention to create a safe, clean and law-abiding environment
in and about the Borough of Phoenixville, its public streets, downtown
areas, sidewalks and other areas to which the public has access.
2.
The Borough Council of Phoenixville also declares that its intention
is to promote the Borough of Phoenixville particularly in its downtown
and commercial areas, as a safe, drug-free and peaceful place where
citizens can frequent local businesses, restaurants, shops and movie
theaters without fear of obstruction, molestation or interference.
3.
The Borough Council of the Borough of Phoenixville further finds
that it is a necessary exercise of the police power to maintain the
peace, good government, health and welfare of the Borough of Phoenixville
by regulating activities as stringently as possible, within the mandates
of constitutionally protected rights, where such activities cause
the citizenry to have contact with illegal activity or cause them
alarm and danger.
[Ord. No. 2018-2291, 10/9/2018]
As used in this Part, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
Remaining idle essentially in and about one location; lingering;
spending time idly; loafing or walking about aimlessly in one vicinity
or neighborhood; hanging around; sauntering or moving slowly about
where the conduct is not due to physical condition or defect; prowling,
wandering and irrespective of whether the conduct is on foot or in,
on or by way of parked or moving vehicle.
All forms of/or varies of the genus Cannabis Sativa L., whether
growing or not, as defined by Pennsylvania's Controlled Substance,
Drug, Device and Cosmetics Act as set forth at 35 P.S. § 780-101,
et seq.
[Added Ord. No. 2019-2305, 10/8/2019]
To render impassable without unreasonable inconvenience or
hazard.
Any building, structure, equipment or other thing, including
the land upon which it is situate, abutting premises that are used
incidentally for the accommodation of the public, including the sidewalks
and streets adjacent thereto.
Any place to which the public has access, including any public
street or public sidewalk, public alley, public mall, public common,
public municipal parking lot, a vehicle in or upon any street, alley,
park or parking areas, or other public ground within the Borough or
in or about the areas in front of or adjacent to any building or structure
used in whole or in part for dwelling or rooming or boarding purposes
or for business, amusement, commercial, mercantile, manufacturing,
industrial, storage, education or recreational purposes, including
any schools, stores, restaurants, taverns, movie theaters or other
businesses.
[Amended Ord. No. 2019-2305, 10/8/2019]
All public streets, alleys, sidewalks, steps and other corridors
through which either vehicles or persons may travel, including motor
vehicles parked within such right-of-way.
Thirty grams or less of marijuana or eight grams or less
of hashish as set forth in 35 P.S. § 780-113(a)(31).
[Added Ord. No. 2019-2305, 10/8/2019]
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe or other such device which contains marijuana. Smoking
includes devices designed to vaporize marijuana or marijuana extracts.
[Added Ord. No. 2019-2305, 10/8/2019]
[Ord. No. 2018-2291, 10/9/2018]
1.
Certain Types of Loitering Prohibited. No person shall loiter in
a public place in such a manner as to:
A.
Hinder or obstruct or tend to hinder or obstruct the free passage
of pedestrians or of vehicles or the free passage of persons or property
to or from any entrance to or exit of a building, structure or vehicle
and to fail or refuse to move or disperse when asked to do so by a
police officer.
B.
Create or cause to be created a danger of breach of the peace or
otherwise create a concern for the safety of persons or security of
property in the vicinity.
C.
Create or cause to be created any annoyance to any person or persons.
D.
Obstruct, molest or interfere with any person lawfully in any public
place. This shall include the making of unsolicited remarks of an
offensive, disgusting or insulting nature or which are calculated
to annoy or disturb the person to, or in whose hearing, they are made.
2.
Determination of Loitering. The police shall have the authority to
make the determination as to whether the activity observed constitutes
prohibited loitering as defined above. In some cases there will be
no doubt that the prohibited activity has occurred, such as in the
case of obstruction of free and safe access and passage through or
upon a public way. With the other types of prohibited loitering, the
police shall make a determination as to whether the activity warrants
a concern for the safety of persons or security of property in the
vicinity. In determining whether concern is warranted, the police
may consider the following circumstances as tending to warrant concern:
A.
When the person, upon appearance of a police officer, takes flight,
attempts to conceal himself or herself or any object or refuses to
identify himself or herself and explain his or her presence and conduct
after a request.
B.
A systematic checking by the person of doors, windows or other means
of ingress or egress to a building, structure or a vehicle.
C.
Recurrent activity by the person which outwardly manifests no useful
purpose or reasonably explicable purpose and is not usual for a law-abiding
or peace-abiding person.
D.
The continuous or repeated presence of a person in close proximity
to a building, structure, vehicle or other property or in close proximity
to another person for a period of time not usual under the circumstances
then existing.
E.
The time of day when or the place where the activity occurs is inappropriate
for the activity observed indicates that concern may be warranted.
3.
Opportunity to Dispel Concern.
A.
Where an officer has determined that there is concern for the safety
of persons and security of property in the vicinity, the person causing
the concern shall be given an opportunity to dispel the concern by
identifying himself or herself and explaining his or her presence
and conduct. The actor shall not be given this opportunity if he or
she takes flight upon the appearance of a police officer or attempts
to conceal himself or herself or any object or if other circumstances
make it impractical for the police officer to give this opportunity.
B.
If the actor's explanation to the police officer of his or her presence
or conduct is untrue or is such as would not at the time be reasonably
sufficient to dispel the concern in the minds of ordinary people of
common intelligence, the officer may proceed to arrest the person
or persons.
4.
Request to Leave. Whenever the presence of any person in any public
place is causing or is likely to cause any of the conditions enumerated
in this Part, the police may order that person to leave that place.
Any person who shall refuse to leave after being ordered to do so
by a police officer shall be guilty of a violation of this Part.
5.
Time Limit. Where a person has been ordered to leave an area by a
police officer, he or she shall not return to that place for at least
two hours. If the person is found in the same vicinity within a two-hour
period of having been ordered to leave, then the person shall be guilty
of a violation of this Part.
6.
Penalties for Violation. The penalty for violation of this section
shall be a fine of at least $50 per violation but not to exceed $300
per violation. The failure to pay the fine within 10 days shall result
in imprisonment for a period not exceeding 10 days, together with
costs. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. No. 2018-2291, 10/9/2018]
1.
It shall be unlawful for any person to urinate or defecate on any
public right-of-way, underground platform or concourse, elevated platform
serving public transportation facilities, underground or elevated
passageways used by the public, railroad or railway passenger stations
or platforms, or on the steps leading to any of them, or on any private
property used to accommodate the public, or on any private property
without the permission of the owner.
2.
Penalties for Violation. The penalty for violation of this section
shall be a fine of at least $50 per violation but not to exceed $300
per violation. The failure to pay the fine within 10 days shall result
in imprisonment for a period not exceeding 10 days, together with
costs. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. No. 2018-2291, 10/9/2018]
1.
No person shall gamble or set up, establish or conduct a gambling
operation on any street, sidewalk alleyway, passageway, or other public
right-of-way, or on any property owned by the City or other public
agency. For purposes of this section, to "gamble" shall include, but
not be limited to, playing for money (or any other thing of value)
any of the following: "three card monte," blackjack, spades, or other
card game; and craps or other dice game; causing or attempting to
cause dogfights (for financial gain or profit).
2.
No person shall attempt to gamble, incite others to gamble, or attempt
to set up, establish or conduct a gambling operation on any street,
sidewalk, alleyway, passageway, or other public right-of-way or on
any property owned by the City or other public agency.
3.
Penalties for Violation. The penalty for violation of this section
shall be a fine of at least $50 per violation but not to exceed $300
per violation. The failure to pay the fine within 10 days shall result
in imprisonment for a period not exceeding 10 days, together with
costs. Each day that a violation of this Part continues shall constitute
a separate offense.
[Added Ord. No. 2019-2305, 10/8/2019]
1.
So long as marijuana shall be listed as a controlled substance in
the Controlled Substance, Drug, Device and Cosmetic Act, 1972, April
14, P.L. 233, No. 64, § 1 et seq., 35 P.S. § 780.101
et seq., no person shall be in possession of a small amount of marijuana
as defined in said act.
3.
Persons who are found in violation of this section may be issued
a non-traffic citation by the police or other authorized law enforcement
officer. Alternatively, the officer may obtain the subject's name
and address and later send a non-traffic citation through the Magisterial
District Judge's office.
4.
The parent or guardian of a minor under the age of 18 years who violates § 6-307, Subsection 2A or B, shall also be in violation of this section. The officer who observes a violation of this section by a minor may:
A.
Temporarily detain the minor and follow all existing procedures for
the handling of summary offenses committed by a minor;
B.
Advise the parent or guardian that the minor was found in possession
of a small amount of marijuana;
C.
Issue a non-traffic citation to the minor and to the parent or guardian,
and advise the parent or guardian that he or she is responsible for
the payment of the violation fine; and
D.
Provided that such agency exists, provide the parent or guardian
with contact information for agencies where substance abuse educational
and treatment programs are available.
5.
Penalties for Violation.
6.
Enforcement.
A.
A non-traffic citation issued under this chapter shall be enforced
in accordance with the procedures established by the Borough of Phoenixville
Police Department for enforcement of summary violations.
B.
This chapter shall not be construed to supersede any existing Pennsylvania
or federal law. Borough of Phoenixville police officers retain the
authority to enforce any applicable laws.
