[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:
A.
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.
A.
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:
(1)
The time of day when or the place where the loitering occurs.
(2)
The systematic checking by the actor of doors, windows or other means
of ingress or egress to a building, structure or vehicle.
(3)
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.
(4)
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.
B.
Among the circumstances which are to be considered in determining
whether the actor has failed to dispel the concern are whether:
(1)
The actor takes flight upon the appearance of a police officer.
(2)
The actor attempts to conceal himself or any object.
(3)
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.
A.
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.
B.
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.
