[HISTORY: Adopted by the Mayor and Town Council
of the Borough of Chambersburg as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-23-1978 by Ord. No. 78-22]
[Amended 8-12-1981 by Ord. No. 81-15; 4-10-1985 by Ord. No.
85-2]
It shall be unlawful for any person to linger
on Chambersburg municipal parking lots within the Borough of Chambersburg
or in vehicles parked thereon, between the hours of 10:00 p.m. and
8:00 a.m., prevailing time, for a purpose unconnected with lawful
activity related to the use and purpose for which such parking lots
were established, that is, for the parking of vehicles on and the
removal of vehicles from such parking lots, provided that appropriate
signs are erected that are either visible from the entrance to such
parking lots or posted conspicuously on the premises so as to give
reasonable notice.
[Amended 8-12-1981 by Ord. No. 81-15; 4-10-1985 by Ord. No.
85-2]
It shall be unlawful for any person to linger
on private parking lots within the Borough of Chambersburg established
by the owners or lessees thereof for customers or invitees or in vehicles
parked thereon, between the hours of 10:00 p.m. and 8:00 a.m., prevailing
time, for a purpose unconnected with lawful activity related to the
use and purpose for which such parking lots were established, that
is, for parking of vehicles on and the removal of vehicles from such
parking lots, provided that appropriate signs are erected by the owners
or lessees that are either visible from the entrance to such parking
lots or posted conspicuously on the premises so as to give reasonable
notice.
[Amended 9-22-2014 by Ord. No. 2014-09]
A.
Any person and/or entity violating the provisions of Article I, entitled "Loitering in Parking Lots," shall, upon conviction thereof, be guilty of a summary offense and sentenced to pay a fine of not more than $50 and all court costs and reasonable attorney fees and, in the event of default of payment, such violator may be sentenced to imprisonment for a period not to exceed five days.
B.
Borough Police officers and peace officers as defined in Chapter 286 of this Code are hereby duly authorized to issue a ticket in the form established by the Borough to any person and/or entity violating the provisions of this article. The ticket shall instruct such violator that if he, she, or it reports to the Borough office and pays to the Borough the sum of $25 within 72 hours of the date of issuance of the ticket, then such payment shall save the violator through prosecution by a citation, which prosecution may result in court costs and attorney fees being assessed against the violator in addition to the fine.
[Adopted 9-22-1999 by Ord. No. 99-17]
This article shall be known as and may be cited
as the "Chambersburg Commercial Hanging Around Ordinance."
A.
The Mayor and Town Council own the street and public
sidewalk areas within the borough.
B.
The public has the right to travel on the streets
and travel over and assemble on public sidewalks.
C.
It is a burden on the public's use of the sidewalk
and street for persons to hang around for commercial purposes given
the readily available alternate methods of handling commercial transactions,
such as a shop or office, mail, door-to-door sales, brochures, newspapers,
internet, television and radio.
D.
When the burden on the use of the sidewalk and street
caused by commercial hanging out becomes a public nuisance or a threat
to the public safety, Council shall designate the area as a restricted
area ("restricted area").
E.
It is in the best interest of the public that a license
be required to prevent restricted areas from being burdened by commercial
hanging around.
F.
In addition to freeing up the sidewalk and street
areas for the purpose of travel and assembly, the purpose of this
article is to reduce the noise, air pollution and congestion resulting
from vehicles being stopped or slowing down because of commercial
hanging around and to ensure access for safety vehicles to and through
said designated areas by limiting commercial hanging around in restricted
areas.
As used in this article, the following terms
shall have the meanings indicated:
Exchanging any item for money regardless of purpose or intent.
Two or more commercial transactions within any four-consecutive-hour
period.
Areas defined by Town Council, after an advertised public
hearing, by resolution, as areas where commercial hanging out is interfering
with pedestrian and/or vehicle use to the extent that it amounts to
a public nuisance or threat to public safety.
Commercial hanging around without a license
is prohibited in the borough.
A license for commercial hanging around shall
be issued by the Borough Treasurer, or his designee, on the following
conditions:
A.
Photo identification as required to obtain a Pennsylvania
driver's license, including name and address, is provided.
B.
State sales tax license, when applicable under state
law, is provided.
C.
No license fee shall be required.
D.
Signature of the applicant agreeing not to commercially
hang around for more than two days in any thirty-day consecutive period
is provided.
No person shall be charged with commercial hanging
around unless they have been provided a written warning after a commercial
transaction has been observed.
Enforcement of this article may be by any Chambersburg
police officer. Warnings and citations may be based on personal observation
or on information and belief.
Each violation of this article shall be punishable
by a fine of not less than $50 and not more than $600 or, in lieu
of payment of this fine, imprisonment for not more than 30 days.
