[HISTORY: Adopted by the Borough Council of the Borough of Upland 9-11-2012 by Ord. No. 13-2012. Amendments noted where applicable.]
The purpose of this chapter is to prohibit the unlawful loitering of persons on public property, public places or business property which impedes, obstructs or otherwise interferes with access to places open to the public or public rights-of-way. This chapter is also intended to prohibit parents and/or guardians of minors, under the age of 18 years, from enabling or permitting said minors to loiter in any public or semipublic areas of the Borough of Upland. This chapter also prohibits loitering for the purpose of engaging in drug-related activity. Nothing in this chapter is intended to prohibit orderly picketing, demonstrating or other forms of free speech.
As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
- The Borough of Upland, Delaware County, Pennsylvania.
- Remaining idle or gathering essentially in one location; lingering, including sitting or standing in or outside of a motor vehicle; spending time idly; loafing or walking about aimlessly in a vicinity or neighborhood; or "hanging out."
- PARENT or GUARDIAN
- Any adult person having the care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
- Every natural adult or minor person, association, partnership or corporation. Whenever used in any clause prescribing or imposing a fine or penalty of imprisonment in default thereof, the term, as applied to associations, shall mean any partner thereof and, as applied to corporations, shall mean the president, vice president, secretary and treasurer thereof.
- PUBLIC PLACE
- Any place to which the public has access, including any public street or alley, or public sidewalk, or areas designated for public parking by the Upland Borough Council.
- SEMIPUBLIC PLACE
- Private property that is customarily used by the public as an integral part of a commercial business, such as the front or the neighborhood of any store, shop, restaurant or other place of business, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this chapter, or, in the case of a minor, not owned or under the control of his/her parent or guardian.
It is hereby declared unlawful for any person to loiter in a public place, as defined above, in such a manner so as to:
Obstruct any public street, public sidewalk, public bridge (foot or vehicle) or public building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles or pedestrians.
Create or cause to be created any annoyance to the comfort and repose of any person or persons.
Create or cause to be created a danger of a breach of the peace or otherwise engage in disorderly conduct such as by making unreasonable noise, engaging in tumultuous behavior, using profane language or creating a physically offensive condition that causes or is likely to cause public inconvenience, annoyance or alarm.
Obstruct, molest or interfere with any person lawfully in any public place. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature, or which are calculated to annoy or disturb the person to or in whose hearing they are made.
Nothing in this section shall be construed to prohibit peaceful picketing or free speech, provided that such picketing does not obstruct free and uninterrupted passage of vehicles or pedestrians.
It is hereby declared unlawful for any person to loiter in a semipublic place, as defined above, in such a manner so as to:
Obstruct the free, unadulterated passage of vehicles.
Obstruct or interfere with any person lawfully seeking access to use of the commercial business.
Make unreasonable noise, engage in tumultuous behavior, use profane language or create a physically offensive condition that causes or is likely to cause public inconvenience, annoyance or alarm.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place or semipublic place is causing or is likely to cause any of the conditions enumerated in § 110-3 or § 110-4 above, he or she may, if he or she deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by such an officer shall be deemed to be guilty of a violation of this chapter.
No person shall be guilty of a violation of this chapter unless:
The property owner, tenant or other responsible and authorized person posts the property with "no loitering" signs or other notices of like meaning at the entrance or entrances to the property and at intervals of, at a maximum, every 75 feet measured from the side of the building which contains an entrance(s). Property of 75 feet or less, measured on the entrance side of building, may contain only one sign; or
The person to be charged with loitering has been asked by the property owner, tenant, police officer or other responsible and authorized person to leave the property and has failed to leave.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $600 and costs and, in default of payment of said fine and costs, to be imprisoned for a term not to exceed 30 days.