Borough of Mahanoy City, PA Chapter 131 Loitering

[HISTORY: Adopted by the Borough Council of the Borough of Mahanoy City 2-8-2000 by Ord. No. 2000-1.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 131, Loitering, adopted 5-5-1981 by Ord. No. 81-3.

§ 131-1 Purpose.

The purposes of this chapter are the protection of the public health, safety, morals and general welfare, the reduction in the incidence of criminal activity associated with loitering and the enforcement of parental control of and responsibility for their children.

§ 131-2 Definitions.

As used in this chapter, the following terms shall have the meanings given herein:

CONTROLLED SUBSTANCE

A drug, substance or other 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 or modified or reenacted by the General Assembly of Pennsylvania.

DRUG PARAPHERNALIA

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 and contraband substances as defined by the laws of Pennsylvania.

LOITERING

Lingering, staying, remaining or waiting at one location.

MALICIOUS

Vexatious, annoying, defiant, injurious or with intent to do a wrongful act.

MINOR

Any person under the age of 18 years.

MOTORIZED OR NONMOTORIZED CONVEYANCE

Any motorized or nonmotorized vehicle capable of conveying one or more persons, to include, but not be limited to, motor vehicles, motorcycles, bicycles, skateboards, roller skates, dirtbikes, motor scooters and all-terrain vehicles.

PARENT OR GUARDIAN

Includes any adult person having the care or custody of a minor as a natural or adoptive parent, as a legal guardian, as a person who stands in loco parentis or as a person to whom legal custody has been given by court order.

PROWLING

Roving or wandering in a stealthful manner.

PUBLIC PLACE

Any place to which the general public has access, and includes any street, highway, road, alley or sidewalk. It also includes the doorways, entryways, porches, stairs, railings and ornamentation in front of the immediate area of any store, shop, restaurant, tavern or other place of business, and also public grounds, areas and parks, as well as parking lots of other vacant property not owned by or under the control of a person charged with violating this chapter or, in the case of a minor, not owned by or under the control of his/her parent or guardian.

§ 131-3 Types of loitering prohibited.

It shall be unlawful for any person or group of persons, either on foot or as the operator or passenger of any motorized or nonmotorized conveyance, to maliciously loiter or prowl in a public place or residential neighborhood, when such loitering:

A. Obstructs, hinders or impedes, or tends to obstruct, hinder or impede, the free and uninterrupted passage of vehicles, traffic or pedestrians.

B. Obstructs or interferes with any person lawfully in any public place.

C. Results in, aids or abets the commission of any act or thing which is an obstruction to or interference with the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on such public place, all of which prevents the free and uninterrupted ingress, egress and regress therein, thereon and thereto.

D. Results in, aids or abets the making or causing to be made any loud, boisterous and unreasonable noise with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof.

E. Results in, aids or abets the making of abusive remarks or epithets directed to any person when such remarks have a tendency to create an immediate threat to public safety, peace or order. Included in this section are abusive remarks of a racial, religious, ethnic or sexist nature.

F. Results in, aids or abets the damage to or destruction of tangible property of another person.

G. Takes place in a public park within the Borough between the hours of sunset and sunrise.

H. Is in defiance of notice against loitering given by:

(1) Prior warning to the actor by the owner, occupant or agent of the owner of the property or by a police officer acting on the request of or as an authorized agent of the owner or occupant of the property.

(2) Actual communication to the actor by the owner, occupant or agent of the owner of the property or by a police officer acting on the request of or as an authorized agent of the owner or occupant of the property.

(3) Posting in a manner reasonably likely to come to the attention of loiterers.

(4) Fencing or other enclosure manifestly designed to exclude loiterers and/or trespassers.

I. Can be reasonably perceived through a period of observation by trained police officers to involve overt acts or conduct which might suggest probable cause of the intent or desire to engage in the sale, purchase, manufacture, possession or transfer of alcoholic beverages or a controlled substance or other drug, or drug paraphernalia, or commit some other violation of the Drug, Device and Cosmetic Act (P.L. 233 of April 14, 1972, as amended),[1] when such overt acts or conduct include, but are not limited to:

(1) The repeated beckoning to, stopping or attempting to stop or the repeated engagement in conversation with pedestrians or motorists on a public thoroughfare or some other public place;

(2) The repeated passing of money, objects or written material to or the receipt of money, objects or written material from pedestrians or motorists on a public thoroughfare or some other public place; or

(3) The repeated accessing of items on or areas of public or private property (e.g., planters, receptacles, etc.) suggesting the accessing or concealing of contraband.

[1] Editor's Note: See 35 P.S. § 780-101 et seq.

§ 131-4 Enforcement and exemption.

A. Except as provided in Subsections B and C below, a police officer who has probable cause to believe any person(s) is(are) causing or committing any of the conditions enumerated in § 131-3 herein, and unless flight by the person or other exigent circumstances make it impracticable, shall:

(1) Afford the actor(s) an opportunity to dispel any alarm which would otherwise be warranted by requesting the actor(s) to identify themselves and explain their presence and conduct;

(2) Direct the actor(s) to cease their unlawful activity(ies) and to move on or disperse if they are unable to provide a legitimate and credible explanation of their presence and/or actions; and

(3) Inform the actor(s) that failure to obey the orders to cease such unlawful action or to move on or disperse will be in violation of this chapter and that resumption of any similar unlawful activity will also be considered a violation of this chapter.

B. In areas which have been properly posted with visible "no loitering" or "no trespassing" signage by the owner or occupant of the property, and when the actor(s) is(are) not able to provide a legitimate and credible explanation of their presence and/or actions, their presence and/or actions shall be considered to be in defiance of said signage, and the prior warning requirements of Subsection A above will not necessarily apply.

C. For actor(s) who has(have) already received prior warning under this chapter from any police officer for similar activity in the same or a similar general area of the Borough, their presence and/or actions shall be considered to be in defiance of said warning, and the prior warning requirements of Subsection A above will not apply.

D. The provisions of this chapter shall not apply to police officers performing their official duties and/or acting pursuant to departmental policies and procedures.

§ 131-5 Offenses by minors.

Where minor children engage in activities solely in violation of this chapter, and where no other actual or suspected violation of law requires additional police action, police officers shall, in addition to the requirements of § 131-4A and B above:

A. Obtain information from such minor as to his name, address, age and the name of his parent(s) or guardian(s);

B. Instruct the minor to proceed to his/her residence forthwith, so long as the information obtained above is believed to be legitimate and credible;

C. Make and document contact with the minor's parent(s) or guardian(s), advising them of the violation of this chapter and of their responsibilities as set forth in § 131-6 below; and

D. Forward the information obtained from the minor, together with a report of the incident and a copy of any citation(s) which may be issued/filed to the Police Department's appointed Juvenile Officer, who shall maintain and make available for future enforcement actions records of all prior warnings issued to juveniles.

§ 131-6 Responsibility of parents.

Any parent or guardian who, after having received a written notice of their minor child's violation of this chapter, knowingly permits or allows such minor to commit subsequent violations of this chapter shall themselves be in violation of this chapter and subject to its penalties. The term "knowingly" as used herein includes knowledge which a parent should reasonably be expected to have concerning the whereabouts, activities or conduct of a minor in that parent or guardian's legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test.

§ 131-7 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Schuylkill County.