Borough of Masontown, PA
Fayette County
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[HISTORY: Adopted by the Borough Council of the Borough of Masontown 8-14-2012 by Ord. No. D-1-8-14-2012; approved 8-14-2012. Amendments noted where applicable.]
As used in this chapter, the following words and terms shall have the following meanings:
LOITERING
Lingering, staying, remaining or waiting at one location.
MALICIOUS
Vexatious, annoying, injurious, or with intent to do a wrongful act.
PROWLING
Roving or wandering in a stealthful manner. (See definition of "wandering.")
PUBLIC PLACE
Any place to which the public has access and includes any street, highway, road, alley or sidewalk. It also includes the front or surrounding of any store, shop, restaurant, tavern or other place of business and public grounds, areas and parks, public building, public library, as well as parking lots or vacant private property not owned by or under control of the person charged with violating this chapter or, in the case of a minor, not owned or under control of his or her parent or guardian.
WANDERING
Wandering about and occupying, lodging or sleeping in any vacant or unoccupied barn, garage, shed, shop, house or any other building or in any automobile, truck, railroad car or other vehicle without owning the same or without permission of the owner or person entitled to possession of the same or sleeping in any vacant lot during the hours of darkness and not giving satisfactory account of oneself.
No person shall maliciously loiter, wander or prowl in a public place.
A. 
No person shall be convicted of maliciously loitering or prowling or wandering in a public place in violation of this chapter unless an arresting official, at the same time and upon observation of the alleged malicious loitering or prowling or wandering, determines that such person was causing or was likely to cause any of the conditions enumerated in the preceding section.
B. 
Unless flight by the person or other disabling circumstances make it impracticable, an arresting official shall, prior to any arrest for an offense under this chapter, afford the person an opportunity to dispel alarm which would otherwise be warranted, by requesting him or her to identify him/herself and explain his or her presence or conduct.
C. 
No person shall be convicted of malicious loitering or prowling or wandering in a public place in violation of this chapter if the arresting official did not comply with Subsection B hereof or if it appears to the fact finder at trial that the explanation given by the person was true and, if believed by the arresting official at the time, would have dispelled alarm.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine not to exceed $600, plus court costs and/or 30 days in jail.