Borough of Elizabethtown, PA Part 1 LOITERING

§ 101 Definitions.

[Ord. 789, 12/17/1998, § A]

ANTI-LOITERING HOURS

A. 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. the following day.

B. 12:01 a.m. until 6:00 a.m. on any Friday or Saturday.

EMERGENCY

An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT

Any privately owned place of business operated for a profit to which the public is invited including, but not limited to, any place of amusement or entertainment.

GUARDIAN

A. A person who, under court order, is the guardian of the person of a minor.

B. A public or private agency with whom a minor has been placed by a court.

MINOR

Any person under 18 years of age.

OPERATOR

Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

PARENT

A person who is:

A. A natural parent, adoptive parent or step-parent of another person.

B. At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

PUBLIC PLACE

Any place to which the public or substantial group of the public has access and includes, but is not limited to, streets, highways and the common area of schools, hospitals, apartment houses, office buildings, transport facilities, shops, parks, recreation areas and sidewalks.

REMAIN

Means to:

A. Linger or stay without constitutionally permissible purpose.

B. Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

SERIOUS BODILY INJURY

Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

§ 102 Offenses.

[Ord. 789, 12/17/1998, § B]

1. A minor or adult commits an offense if he remains in any public place or on the premises of any establishment within the Borough during anti-loitering hours.

2. A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the Borough during anti-loitering hours.

3. The owner, operator or any employee of an establishment commits an offense if he knowing allows a minor to remain upon the premises of the establishment during anti-loitering hours.

§ 103 Defenses.

[Ord. 789, 12/17/1998, § C]

1. It is a defense to prosecution under § 602, above, that any person was at the time of an alleged offense:

A. In a motor vehicle involved in interstate travel.

B. Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop.

C. Involved in an emergency.

D. On the sidewalk abutting the accused person's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the person's presence.

E. A minor was attending an official school, religious or other recreational activity supervised by adults and sponsored by the Borough, a civic organization or other similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the Borough, a civic organization or another similar entity that takes responsibility for the minor.

F. Exercising rights protected by the United States and Pennsylvania Constitutions, such as the free exercise of religion, freedom of speech and the right of lawful assembly.

2. It is a defense to prosecution under § 102(3) that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during anti-loitering hours and refused to leave.

§ 104 Enforcement.

[Ord. 789, 12/17/1998, § D]

Before taking any enforcement action under this Section, a police officer shall ask the apparent offender's reason for being in a public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 103 is present.

§ 105 Penalties.

[Ord. 789, 12/17/1998, § E; as amended by Ord. 829, 11/15/2001]

Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine in an amount not to exceed $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.