[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:
Lingering, staying, remaining or waiting at one location.
Vexatious, annoying, injurious, or with intent to do a wrongful
act.
Roving or wandering in a stealthful manner. (See definition
of "wandering.")
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 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.Â
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.Â
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.Â
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.
