[Added 2-10-1987 by Ord. No. 274]
As used in this chapter, the following terms shall have the meanings
indicated:
LOITER
Encompasses, but not necessarily limited to, one or more of the following
acts:
A.
Obstruction of the free, unhampered passage of pedestrians or vehicles.
B.
Obstructing, molesting or interfering with any person lawfully upon
any street, park or other public place.
C.
Remaining idle in essentially one location without being able to establish
having a legitimate purpose in so remaining idle or, by general conduct, exhibiting
the absence of a lawful purpose in so remaining idle. In determining whether
or not a legitimate or lawful purpose for remaining idle has been established,
consideration shall be given to the fact that the person takes flight upon
appearance of a law enforcement officer, refuses to identify himself or manifestly
endeavors to conceal himself or any object. Unless flight by the person or
other circumstances make it impracticable, a law enforcement officer shall,
prior to any arrest for an offense under this section, afford the person an
opportunity to dispel any alarm or immediate concern which would otherwise
be warranted by requesting him to identify himself and explain his presence
and conduct. No person shall be convicted of an offense under this section
if the law enforcement officer did not comply with this procedure or if it
appears at trial that the explanation given by the person is true and, if
believed by the officer at the time, would have dispelled the alarm or immediate
concern.
D.
Refusing to move on when so requested by a peace officer or other officer
having the power of arrest, provided that such officer has reasonably exercised
his discretion under the circumstances in order to preserve or promote public
peace and order.
It shall be unlawful for any person to:
A. Loiter on foot, in a motor vehicle or on a bicycle upon
any of the sidewalks, streets, pavements, crossings, street corners, bridges,
highways, alleys or parks in this Borough or at or near the entrance to a
church or any public place, so as to interfere with or obstruct or tend to
interfere with or obstruct the free passage of citizens or travelers along
any of said thoroughfares or into or out of any of said places.
B. Loiter upon private property within the limits of this
Borough without the consent of the owners thereof.