[HISTORY: Adopted by the Borough Council of the Borough of
Northampton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-7-1977 by Ord. No. 908 (Ch. 6, Part 2, of the
1993 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Remaining idle essentially in one location and shall include
the concepts of spending time idly, loafing or walking about aimlessly,
and shall also include the colloquial expression "hanging around."
Any place to which the public has access and shall include
any public street or public sidewalk, as well as the front of and
the area immediately adjacent to any school, parking lot, store, restaurant,
tavern, or other place of business.
No person shall loiter in a public place in such 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 § 171-1. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, 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 § 171-2, 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 article.
[Amended 7-15-1993 by Ord. No. 1048]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 and costs, and in default of payment, to imprisonment for a term
not to exceed 30 days.
[Adopted 9-3-1992 by Ord. No. 1041 (Ch. 6, Part 5, of the
1993 Code of Ordinances)]
This article shall be known and may be cited as the "Cruising
Ordinance."
It is hereby found that with consistency, at certain times,
a threat to the public health, safety and welfare arises from the
congestion created by repetitive unnecessary driving of motor vehicles
on thoroughfares within the Borough of Northampton. The purpose of
this article is to reduce the dangerous traffic congestion, as well
as the excessive noise and pollution resulting from such unnecessary
repetitive driving, and to insure sufficient access from emergency
vehicles to and through the Borough thoroughfares now hampered by
this repetitive driving of motor vehicles.
For the purpose of this article, the following definitions shall
apply:
Driving a motor vehicle on a street past a traffic control
point, as designated by a Northampton Borough Police Officer, more
than twice in any two-hour period, between the hours of 7:00 p.m.
and 4:00 a.m. The passing of a designated control point a third time
under the aforesaid conditions shall constitute unnecessary repetitive
driving and therefore a violation of this article.
The entire Borough of Northampton.
A reference point on the street within the Borough of Northampton
selected by a Northampton Police Officer for the purpose of imposing
this article.
No person shall engage in unnecessary repetitive driving, also
known, for purposes of this article, as "cruising." For purposes of
this article, the person having control and/or ownership of a motor
vehicle shall be considered the person cruising, without regard as
to whether that person was actually driving the motor vehicle each
time it passed the traffic control point. Having control or ownership
of a motor vehicle shall mean either the owner of the vehicle as stated
on the vehicle registration if present in the vehicle at the time
of the violation, or if the owner is not present in the vehicle, the
person operating the vehicle at the time of the violation of this
article.
This article shall not apply to any municipal, emergency, police,
fire, ambulance, or other governmental vehicle when same is being
operated in an official capacity. In addition, this article shall
not apply to any duly licensed public transportation vehicle nor to
any vehicle utilized for business and/or commercial purposes.
[Amended 7-15-1993 by Ord. No. 1048]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not less than $25 nor more than $600 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this article continues
shall constitute a separate offense.
