[HISTORY: Adopted by the Mayor and Council of the Borough of Hamburg 10-3-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 148.
As used in this chapter, the following terms shall have the meanings indicated:
LOITERING
To stand, sit, lounge or remain idly in essentially one location or to move about slowly; spending time idly by loafing, lounging, sitting or walking about aimlessly and without purpose.
PARENT or GUARDIAN
Includes any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Any place to which the public has access and shall include any street, highway, road, alley or sidewalk. This will also include the front or neighborhood of any store, shop, restaurant, tavern or other place of business, and public grounds, areas, 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 parent or guardian.
No person shall loiter in a public place in such manner as to:
A. 
Create or cause to be created a danger of a breach of the peace.
B. 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
C. 
Obstruct the free passage of pedestrians or vehicles.
D. 
Obstruct, molest or interfere with any person lawfully in any public place as defined in § 136-1. This paragraph will 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.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in § 136-2, he/she may, if he/she deems it necessary for the preservation of the public peace and safety, 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 chapter.
No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to loiter in violation of this chapter.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
Whenever any minor under the age of 18 years is charged with a violation of this chapter, his parents or guardians shall be notified of this fact by the Chief of Police or any other person designated by him/her to give such notice.
Violations of the provisions of this chapter shall be punished as provided in Chapter 1, General Provisions, Article III.