[HISTORY: Adopted by the Borough Council of the Borough of
Towanda 6-4-1979 by Ord. No. 3-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 128.
A.
It shall be unlawful for any person to loiter or prowl in circumstances
of time, place or manner not usual for law-abiding individuals, or
which circumstances reasonably warrant alarm for the safety or security
of persons or property in the vicinity of such actor.
B.
Among the circumstances which may be considered in determining whether
such alarm is reasonably warranted is that the actor takes flight
upon the appearance of a police officer, that he or she refuses to
identify himself or herself or that he or she manifestly endeavors
to conceal himself or herself or any object.
C.
As a procedural condition to conviction, if practicable and unless
flight by the actor or other circumstances makes it impracticable,
a police officer, prior to issuing a citation under this section,
shall afford the actor an opportunity to dispel any alarm which would
otherwise be warranted by requesting said actor to identify himself
or herself and explain his or her presence and conduct. No person
shall be convicted of any offense under this section if it appears
at the hearing that the explanation given by the actor was true and,
if believed by the police officer at the time, would have dispelled
the alarm.
Under circumstances falling short or rendering such person an
implied invitee or licensee, it shall be unlawful for any person to
linger in or about, and for a purpose unconnected with lawful activity
related to, facilities of a restricted public nature, including a
store, shopping center, school, railroad stop or station, the post
office, the Borough's Municipal Building or police station, the
Bradford County Courthouse or any place of public worship or any parking
area serving any such facility of a restricted public nature. Such
specific places shall be deemed to include, to the fullest extent
permitted as reasonable under all the circumstances, any point within
100 feet of such place or facility, for the effective dispelling of
alarm for safety of persons or property, prevention of disruption
of activities in which such facilities specialize and minimizing of
trespassing or trespassing ab initio.
A.
On any public street, including sidewalks thereof (and walls, steps
or points immediately adjacent thereto, so as to minimize evasion),
it shall be unlawful for three or more persons as a group, or as interacting
individuals or groups, to linger for more than 10 minutes under circumstances
that warrant alarm for the safety of persons or property in the vicinity.
B.
A police officer, acting reasonably and objectively, may warn such
persons to disperse.
C.
If reasonably necessary to dispel any alarm which would otherwise
be warranted, a police officer may clear the area of such persons,
causing those who refuse or fail to leave to be taken to the police
station.
D.
As a last resort for effective crowd control, proceedings may be
instituted before the Magisterial District Judge.
A.
Upon summary conviction by the Magisterial District Judge for a violation
of this chapter, a person shall be sentenced to pay a fine of $25
for a first offense under this chapter, and for each subsequent offense
the fine shall be increased by an additional $25, e.g., $50 for the
second offense, $75 for the third offense, to a maximum of not more
than $600, together with all costs of prosecution.[1]
B.
Installment payments. Upon plea and proof that a person is unable
to pay any fine and costs imposed under this chapter, the Magisterial
District Judge may order payment of such fine and costs in installments,
in accordance with the Pennsylvania Rules of Criminal Procedure, and
the Magisterial District Judge shall fix the amounts, times and manner
of payment.
C.
Imprisonment for nonpayment. Any nonindigent person who does not
comply with an order entered under this section may be imprisoned
for a number of days not exceeding 30.
A.
Severability is intended throughout and within the provisions, parts,
phrases and terms of all sections of this chapter and the application
hereof; if any such provision, part, phrase or term should be held
invalid, such invalidity shall have no effect upon any other provision,
part, phrase or term hereof, but all such remaining provisions, parts,
phrases or terms shall be enforceable.
B.
A constitutional construction is likewise intended in every respect,
and from excess of caution, exercise of First Amendment rights is
hereby specifically excepted from the provisions of all sections of
this chapter.
