[Ord. 1530, 7/10/1997, Section 1]{95}
The purpose of this ordinance is to prohibit the unlawful loitering
of persons on public property, public places or business property
which impedes, obstructs or otherwise interferes with access to places
open to the public or public rights-of-way. This ordinance also prohibits
loitering for the purpose of engaging in drug-related activity. Nothing
in this ordinance is intended to prohibit orderly picketing, demonstrating
or other forms of free speech.
[Ord. 1530, 7/10/1997, Section 2]
As used in this ordinance, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
Borough of State College, Centre County, Pennsylvania.
Any property used for the purpose of operating a commercial
business and which, during business hours, is open to the public.
Remaining idle or gathering in one location including sitting
or standing in or out of a motor vehicle or walking around a location
aimlessly.
Every natural person, association, partnership or corporation.
Whenever used in any clause prescribing or imposing a fine or penalty
of imprisonment in default thereof, the term, as applied to associations
shall mean any partner thereof and, as applied to corporations, shall
mean the President, vice President, secretary and treasurer thereof.
Any place customarily open to the public.
Any property that, by right or custom, is open and available
to the public. Examples of such places include any public street,
highway, sidewalks, parking lot or garage within the Borough.
[Ord. 1530, 7/10/1997, Section 3]
No person shall, at any time, loiter on the exterior of any
public property including the confines of public parking garages.
[Ord. 1530, 7/10/1997, Section 4]
No person shall, at any time, loiter in or at any public place
in such a manner as to impede or interfere with the conducting of
legitimate business within such public place. No person may be found
guilty of loitering in a public building if such person was not first
asked by an authorized person of the public building or a police officer
to leave the premises.
[Ord. 1530, 7/10/1997, Section 5]
No person shall, at any time, loiter on private property that
is customarily used by the public as an integral part of a commercial
business in such a manner as to:
a.
Obstruct the free, unadulterated passage of pedestrians or vehicles.
b.
Obstruct or interfere with any person lawfully seeking access to
or use of the commercial business.
c.
Make unreasonable noise, engage in tumultuous behavior, use profane
language, or create a physically offensive condition that causes or
is likely to cause public inconvenience, annoyance or alarm.
[Ord. 1530, 7/10/1997, Section 6]
No person shall be guilty of a violation of this ordinance unless:
a.
The property owner, tenant or other responsible and authorized person
posts the property with "NO LOITERING" signs or other notices of like
meaning at the entrance or entrances to the property and at intervals
of, at a maximum, every 75 feet measured from the side of the building
which contains an entrance(s). Property of 75 feet or less, measured
on the entrance side of building, may contain only one sign; or
b.
The person to be charged with loitering has been asked by the property
owner, tenant, police officer or other responsible and authorized
person to leave the property and has failed to leave.
[Ord. 1530, 7/10/1997, Section 7]
Any person who shall violate any provision of § 5-603,
5-604 or 5-605 of this ordinance shall, upon conviction thereof, be
sentenced to pay a fine of not less than $100 nor more than $600 and
costs and, in default of payment of said fine and costs, to be imprisoned
for a term not to exceed 30 days.
