[Adopted 10-24-1994 by Ord. No. O-4-1994]
No person, with purpose to commit or aid the commission of a drug abuse offense, shall loiter in any public place and do any of the following:
A. 
Repeatedly beckon, stop, attempt to stop or engage passersby or pedestrians in conversation.
B. 
Repeatedly stop or attempt to stop motor vehicles.
C. 
Repeatedly interfere with the free passage of other persons.
As used in this chapter, the following terms shall have the meanings indicated:
DRUG ABUSE OFFENSE
A violation of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq., and the term "controlled substances" is defined in the same manner as set forth in the aforesaid act.
LOITER
To resort to, remain or wander about in an idle manner essentially in one place and shall include the concepts of spending time idly or sitting, standing or walking about aimlessly.
PUBLIC PLACE
An area of property, either publicly owned or to which the public has access and includes, but is not limited to, streets, alleys, sidewalks, rights-of-way, bridges, plazas, parks, driveways, parking lots, transportation facilities or other places open to the public, the doorways, entrances, porches, passageways and roofs to any such building which fronts on any of the aforesaid places or motor vehicles in or upon such places.
In determining the purpose of an offender under this article, the court shall consider all relevant surrounding circumstances, which may include, but are not limited to the following factors, in addition to the overt acts set forth in § 276-8:
A. 
That the person has been convicted or been found delinquent for a drug abuse offense within the three years preceding the arrest.
B. 
That the person is loitering and directing pedestrians or motorists through words, hailing, waiving of arms, pointing, signaling or other bodily gesture to a person or premises where controlled substances are possessed or sold.
C. 
That the person is loitering and has an electronic device, walkie-talkie or beeper within 100 yards of a person or premises where controlled substances are possessed or sold.
D. 
Any statement by the offender.
No arrest shall be made for a violation of this article until the arresting officer first requests and affords such person an opportunity to explain such conduct, and no person shall be convicted upon trial if it appears that the explanation tendered is true and considering the surrounding circumstances disclosed a lawful purpose.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, plus costs, or to a term of imprisonment not to exceed 90 days, or both.