[HISTORY: Adopted by the Borough Council of the Borough of Tyrone 7-14-1986 by Ord. No. 903. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any of the following types of conduct: loafing, lingering, hanging around, idly spending time, prowling, wandering, standing or remaining idle and sauntering or moving slowly about where the conduct is not due to physical condition or defects, but irrespective of whether the conduct is on foot or in, on or by way of parked or moving vehicle.
In order to protect the safety of the public and the safety of property, it shall be unlawful to loiter, either alone or with others, on any public street, public alley, public mall, public common, public municipal parking lot or other public ground within the Borough of Tyrone or in or about any building or structure used, in whole or in part, for dwelling or rooming or boarding purposes or for business, amusement, commercial, mercantile, manufacturing, industrial, storage, educational or recreational purposes, as follows:
So as to hinder or obstruct or to tend to hinder or obstruct the free passage of pedestrians or vehicles or the free passage of persons or property to or from any entrance or exit of a building, structure or vehicle and to fail or refuse to move or disperse when asked to do so by a police officer.
Among the circumstances which are to be considered under this chapter in determining whether there is warrant for the concern for the safety of persons or the security of property are:
The time of day when or the place where the loitering occurs.
The systematic checking by the actor of doors, windows or other means of ingress or egress to a building, structure or vehicle.
Recurrent activity by the actor which outwardly manifests in no useful purpose or reasonably explicable purpose and is not usual for a law-abiding or peace-abiding person.
The continuous or repeated presence of the actor in close proximity to a building, structure, vehicle or other property or in close proximity to another person for a period of time not usual under the circumstances then existing.
Among the circumstances which are to be considered in determining whether the actor has failed to dispel the concern are whether:
The actor takes flight upon the appearance of a police officer.
The actor attempts to conceal himself or any object.
The actor's explanation to the police officer of his presence or conduct is untrue or is such as would not at the time be reasonably sufficient to dispel the concern in the minds of ordinary men of common intelligence.
It is not intended that this chapter be used by a particular complainant as a catchall against persons whose ideas, dress, lifestyle or physical appearance is annoying to the sensibility of the complainant, nor is it intended that this chapter be used as a form of preventive detention or as an excuse for search and seizure.
It is the intent of this chapter, however, to recognize that there are conditions and circumstances which warrant a police officer making a judgment in the field or on the spot that the time has arrived when, giving due consideration to the delicate balance of the right of free assembly, free association, free speech or free movement, some action is called for in order to ensure that the safety of the public and the safety of property are protected.
No person shall be convicted of the offense of loitering under this chapter if it appears at trial that the actor's explanation of his presence and conduct is in fact true and, had it been made to the police officer at the time and had it been believed by the police officer at the time, it would have dispelled the concern.
Any person who shall loiter shall, upon conviction of that offense, be sentenced to pay a fine of not more than $600 and costs of prosecution or be sentenced to imprisonment for not more than 90 days, or both.