[Ord. 20-1998, 99 § 1, passed 12-21-1998]
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 51 of April 14, 1972, P.L. 233, No. 64, 35 P.S. § 780-101
et seq., as amended from time to time.
Includes a plea of guilty, nolo contendere, adjudication,
pursuant to the Juvenile Act, 42 Pa., C.S.A. § 6301 et seq.,
and any other participation in a diversionary program established
under 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 possessing
any drugs as set forth in the Controlled Substance, Drug, Device and
Cosmetic Act or substantially similar laws of any other state of the
United States.
Displays physical characteristics of drug intoxication or usage,
including by way of example only, needle tracks; or
Possesses or displays drug paraphernalia as defined in the Controlled Substance, Drug, Device and Cosmetic Act and/or Section 745.01 of the Codified Ordinances of the City of Lebanon.
[Ord. 20-1998, 99 § 1, passed 12-21-1998]
(a)
No person shall loiter in or on any public place, street, road or
sidewalk, or on private property without the express permission of
the owner or individual in control of such premises, in a manner and
under circumstances manifesting the purpose of engaging in drug-related
activity in violation of the Controlled Substance, Drug, Device and
Cosmetic Act.
(b)
Among the circumstances which may be considered in determining whether
such purpose is manifested are the following:
(1)
Such person is a known drug user, possessor or seller, as defined
in this article.
(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 is identified and/or known by the officer as a member
of an illegal drug organization, gang or association which has as
its purpose illegal drug activity.
(5)
Such person repeatedly engages in conversation with passersby
whether on foot or in a vehicle or repeatedly passes to or receives
from passersby, whether on foot or in a vehicle, money, small objects
such as packages or written material, or otherwise engages in the
above activities in a secret fashion.
(6)
Such person takes flight upon the appearance of a police officer.
(7)
Such person manifestly endeavors to conceal himself or herself
or any object which reasonably could be involved in an unlawful drug
activity.
(8)
Such person refuses to identify himself or herself upon the
request of an identified police officer.
(9)
Any vehicle involved is registered, operated or occupied by
a known unlawful drug user, possessor or seller or for whom there
is an outstanding warrant for a crime involving drug activity.
(c)
No arrest shall be made for a violation of subsection (a) hereof unless the arresting officer first affords the person an opportunity to explain his or her conduct, and no one shall be convicted of a violation of subsection (a) hereof if it is determined at trial that the explanation was true and disclosed a lawful purpose.
[Ord. 20-1998, 99 § 1, passed 12-21-1998]
A yearly Performance Review shall be conducted during the month
of October by the City Council to determine whether law enforcement
agencies administering this article are conducting enforcement activities
in a manner consistent with accomplishing the object intended by the
Council.
[Ord. 20-1998, 99 § 1, passed 12-21-1998]
Whoever violates any provision of this article shall, upon summary
conviction, be fined not less than $100 nor more than $300 and/or
be imprisoned for a period not exceeding 90 days for each offense.
