[Adopted 7-10-1997 by Ord. No. 1844,
approved 7-10-1997]
It is hereby found by Borough Council that a substantial threat to the
public health, safety and welfare results from individuals who, either singularly
or collectively, engage in loitering in connection with unlawful drug and
controlled substance activities. This loitering facilitates contact to deal
and distribute controlled substances and illegal drugs within the Borough.
It increases the likelihood of, and opportunity for, the commission of other
unlawful acts ranging from violent murder to breach of the peace and disorderly
conduct. In areas where loitering impedes pedestrian and vehicular travel.
In addition, such activities destroy the peace, quiet and good order of those
areas where it occurs and of the Borough in general. It is the goal of this
article to reduce and/or eliminate street level drug activity and thereby
increase public safety where it occurs. It is the intent of Borough Council
that this article facilitate the punishment of persons engaged in street level
drug related activities and deter persons from participating in them.
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears in the context:
A drug, substance or immediate precursor, as defined in the Pennsylvania
Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101
et seq., as hereafter amended, supplemented, modified or reenacted by the
General Assembly of Pennsylvania.
To sell, purchase, distribute, transfer, manufacture or possess.
Any act, device, instrument, apparatus or contrivance, the primary
and exclusive use of which is involved with the illegal use and possession
of any and all controlled or contraband substances as defined by the laws
of Pennsylvania.
A substance which, under the regulations of the Pennsylvania Department
of Health, is a principal compound commonly used or produced primarily as
an immediate chemical intermediary used or likely to be used in the manufacturing
of a controlled substance or contraband substance.
Lingering, staying, remaining or waiting at one location.
Roving or wandering in a stealthful manner.
Any place to which the public has access and includes any street,
highway, road, alley, sidewalk, public building or other public area. It includes
any area to which the public has access of any store, shop, restaurant, tavern,
place of business, institution or building. It also includes 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.
A.
It shall be unlawful for any person to loiter, remain,
wander or prowl in a public place with the intent to deal any controlled substance,
which intent is manifested by such person's overt acts or conduct. Overt
acts or conduct which may manifest a person's intent to deal a controlled
substance include, but are not limited to, when a person:
(1)
Repeatedly beckons to, stops or attempts to stop, or
repeatedly engages or attempts to engage in conversation with pedestrians
or motorists in a public place, with the intent to sell, purchase, manufacture,
possess or transfer any controlled substance; or
(2)
Repeatedly passes money, objects or written material
to, or receives money, objects or written material from, pedestrians or motorists
in a public place, with the intent to sell, purchase, manufacture, possess
or transfer any controlled substance.
B.
No arrest shall be made for a violation of Subsection A unless the arresting officer first affords the person an opportunity to explain his or her conduct, and no person shall be convicted of violating Subsection A if it appears at trial that the explanation given was clearly true and disclosed a lawful purpose.
Any person who shall violate and provisions of this article shall, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000 and
costs of prosecution and, in default of payment of such fine and costs not
caused by indigency, to imprisonment for not more than 30 days.
