As used is this chapter, the following terms
shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location. It shall include
the concepts of spending time idly loafing or walking about aimlessly
and shall also include the colloquial expression "hanging around."
PUBLIC PLACE
Any place to which the public has access. The term shall
include any street, highway, road, alley or sidewalk. It shall also
include the front or the neighborhood 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 parent or guardian.
No person shall loiter in such a 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 §
339-1. This subsection shall include the making of unsolicited remarks of an offensive, profane, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom 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 §
339-2, he may, if he 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.
[Amended 8-12-1975 by Ord. No. 419, approved
8-15-1975; 3-14-1989 by Ord. No. 507, approved 3-14-1989]
Any person who shall be convicted of a violation
of any of the provisions of this chapter before any Magisterial District
Judge shall be punishable by a fine of not more than $1,000 and costs
of prosecution or by imprisonment in the county jail for a term not
to exceed 30 days, or by both such fine and imprisonment. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for such separate
offense.