[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.
[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.
[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.
[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.
[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.