[Adopted 10-25-2012 by Ord. No. 1660]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this article to have the following meanings:
The Controlled Substance, Drug, Device and Cosmetic Act,
Act of April 14, 1972, P.L. 223, No. 64, 35 P.S. § 780-101
et seq., as amended from time to time.
For the purposes of this article, a conviction includes a
plea of guilty, nolo contendere, adjudication pursuant to the Juvenile
Act, 42 P.S. § 6301 et seq., and any other participation
in a diversionary program established under the Controlled Substance,
Drug, Device and Cosmetic Act[1] or Section 5902 of the Crimes Code.[2]
A person who:
Has, within the knowledge of the arresting officer, been convicted
in any court within the Commonwealth of Pennsylvania of possessing
any drugs as set forth in the Controlled Substance, Drug, Device and
Cosmetic Act or substantially similar laws of any other state or the
United States;
Displays physical characteristics of drug intoxication or usage,
including, by way of example only, needle tracks; or
Possess or displays drug paraphernalia as defined in the Controlled
Substance, Drug, Device and Cosmetic Act.
A person who has, within the knowledge of the arresting officer,
been convicted in any court within the Commonwealth of Pennsylvania
of any act violating Section 5902 of the Crimes Code, Act of December
6, 1972, P.L. 1482, No. 334, § 1, as amended from time to
time, prohibiting prostitution and its provision and solicitation.
A.
A person is guilty of drug-related loitering when he or she remains
or wanders about in a public place and repeatedly beckons to, or repeatedly
stops, or repeatedly attempts to stop or repeatedly attempts to engage
passersby in conversation, or repeatedly stops or attempts to stop
motor vehicles, or repeatedly interferes with the free passage of
other persons with the intent to use, possess or sell a controlled
substance in violation of the Controlled Substance, Drug, Device and
Cosmetic Act.[1]
[1]
Editor's Note: See 35 P.S. § 780-101 et seq.
B.
Among the circumstances which may be considered in determining whether
such intent is manifested are:
(1)
Such person is a known drug user, possessor or seller, as defined
in this chapter.
(2)
Such person is at a location frequented by persons who use, possess
or sell drugs or is by public repute known to be an area of unlawful
drug use and trafficking.
(3)
Such person behaves in such a manner as to rouse a reasonable suspicion
that he or she is about to engage in or is then engaged in an unlawful
drug-related activity, including, by way of example only, such person
as a lookout.
(4)
Such person repeatedly passes to or receives from a passerby, whether
on foot, in a motor vehicle or on a bicycle, money or small objects
in a secretive fashion.
(5)
Such person hides or disposes of such money or small objects upon
the appearance of a police officer.
A.
A person is guilty of prostitution-related loitering if he or she
remains or wanders about in a public place and repeatedly beckons
to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly
attempts to engage passersby in conversation, or repeatedly stops
or attempts to stop motor vehicles, or repeatedly interferes with
the free passage of other persons with the intent to commit prostitution,
or promote prostitution or patronize a prostitute in violation of
Section 5902 of the Crimes Code.[1]
[1]
Editor's Note: See 18 Pa.C.S.A. § 5902.
B.
Among the circumstances which may be considered in determining whether
such intent is manifested are:
(1)
Such person is a known prostitute, promoters or providers as defined
in this chapter.
(2)
Such person is at a location frequented by prostitutes, promoters
or providers of prostitution or is by public repute known to be an
area of unlawful prostitution-related activity.
(3)
Such person behaves in such a manner as to rouse a reasonable suspicion
that he or she is about to engage in or is then engaged in an unlawful
prostitution-related activity.
Any person who shall violate any of the provision of this article
shall, upon summary conviction, be fined not less than $100 nor more
than $600 and/or be imprisoned for a term not to exceed 90 days for
each offense.
