As used in this chapter, the following terms shall have the
meanings indicated:
LOITER
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.
B. So as to warrant concern for the safety of persons or the security
of property in the vicinity and:
(1) To fail or refuse to identify himself and explain his presence or
conduct when asked to do so by a police officer.
(2) To fail to dispel the concern.
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.