[Ord. No. 2018-2291, 10/9/2018]
This Part shall be known as "Public Places — Prohibited Conduct."
[Ord. No. 2018-2291, 10/9/2018]
1.
The Borough Council of Phoenixville finds and declares that it is its intention to create a safe, clean and law-abiding environment in and about the Borough of Phoenixville, its public streets, downtown areas, sidewalks and other areas to which the public has access.
2.
The Borough Council of Phoenixville also declares that its intention is to promote the Borough of Phoenixville particularly in its downtown and commercial areas, as a safe, drug-free and peaceful place where citizens can frequent local businesses, restaurants, shops and movie theaters without fear of obstruction, molestation or interference.
3.
The Borough Council of the Borough of Phoenixville further finds that it is a necessary exercise of the police power to maintain the peace, good government, health and welfare of the Borough of Phoenixville by regulating activities as stringently as possible, within the mandates of constitutionally protected rights, where such activities cause the citizenry to have contact with illegal activity or cause them alarm and danger.
[Ord. No. 2018-2291, 10/9/2018]
As used in this Part, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
Remaining idle essentially in and about one location; lingering; spending time idly; loafing or walking about aimlessly in one vicinity or neighborhood; hanging around; sauntering or moving slowly about where the conduct is not due to physical condition or defect; prowling, wandering and irrespective of whether the conduct is on foot or in, on or by way of parked or moving vehicle.
All forms of/or varies of the genus Cannabis Sativa L., whether growing or not, as defined by Pennsylvania's Controlled Substance, Drug, Device and Cosmetics Act as set forth at 35 P.S. § 780-101, et seq.
[Added Ord. No. 2019-2305, 10/8/2019]
To render impassable without unreasonable inconvenience or hazard.
Any building, structure, equipment or other thing, including the land upon which it is situate, abutting premises that are used incidentally for the accommodation of the public, including the sidewalks and streets adjacent thereto.
Any place to which the public has access, including any public street or public sidewalk, public alley, public mall, public common, public municipal parking lot, a vehicle in or upon any street, alley, park or parking areas, or other public ground within the Borough or in or about the areas in front of or adjacent to any building or structure used in whole or in part for dwelling or rooming or boarding purposes or for business, amusement, commercial, mercantile, manufacturing, industrial, storage, education or recreational purposes, including any schools, stores, restaurants, taverns, movie theaters or other businesses.
[Amended Ord. No. 2019-2305, 10/8/2019]
All public streets, alleys, sidewalks, steps and other corridors through which either vehicles or persons may travel, including motor vehicles parked within such right-of-way.
Thirty grams or less of marijuana or eight grams or less of hashish as set forth in 35 P.S. § 780-113(a)(31).
[Added Ord. No. 2019-2305, 10/8/2019]
Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other such device which contains marijuana. Smoking includes devices designed to vaporize marijuana or marijuana extracts.
[Added Ord. No. 2019-2305, 10/8/2019]
[Ord. No. 2018-2291, 10/9/2018]
1.
Certain Types of Loitering Prohibited. No person shall loiter in a public place in such a manner as to:
A.
Hinder or obstruct or tend to hinder or obstruct the free passage of pedestrians or of vehicles or the free passage of persons or property to or from any entrance to or exit of a building, structure or vehicle and to fail or refuse to move or disperse when asked to do so by a police officer.
B.
Create or cause to be created a danger of breach of the peace or otherwise create a concern for the safety of persons or security of property in the vicinity.
C.
Create or cause to be created any annoyance to any person or persons.
D.
Obstruct, molest or interfere with any person lawfully in any public place. This shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
2.
Determination of Loitering. The police shall have the authority to make the determination as to whether the activity observed constitutes prohibited loitering as defined above. In some cases there will be no doubt that the prohibited activity has occurred, such as in the case of obstruction of free and safe access and passage through or upon a public way. With the other types of prohibited loitering, the police shall make a determination as to whether the activity warrants a concern for the safety of persons or security of property in the vicinity. In determining whether concern is warranted, the police may consider the following circumstances as tending to warrant concern:
A.
When the person, upon appearance of a police officer, takes flight, attempts to conceal himself or herself or any object or refuses to identify himself or herself and explain his or her presence and conduct after a request.
B.
A systematic checking by the person of doors, windows or other means of ingress or egress to a building, structure or a vehicle.
C.
Recurrent activity by the person which outwardly manifests no useful purpose or reasonably explicable purpose and is not usual for a law-abiding or peace-abiding person.
D.
The continuous or repeated presence of a person in close proximity to a building, structure, vehicle or other property or in close proximity to another person for a period of time not usual under the circumstances then existing.
E.
The time of day when or the place where the activity occurs is inappropriate for the activity observed indicates that concern may be warranted.
3.
Opportunity to Dispel Concern.
A.
Where an officer has determined that there is concern for the safety of persons and security of property in the vicinity, the person causing the concern shall be given an opportunity to dispel the concern by identifying himself or herself and explaining his or her presence and conduct. The actor shall not be given this opportunity if he or she takes flight upon the appearance of a police officer or attempts to conceal himself or herself or any object or if other circumstances make it impractical for the police officer to give this opportunity.
B.
If the actor's explanation to the police officer of his or her presence or conduct is untrue or is such as would not at the time be reasonably sufficient to dispel the concern in the minds of ordinary people of common intelligence, the officer may proceed to arrest the person or persons.
4.
Request to Leave. Whenever the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in this Part, the police may order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this Part.
5.
Time Limit. Where a person has been ordered to leave an area by a police officer, he or she shall not return to that place for at least two hours. If the person is found in the same vicinity within a two-hour period of having been ordered to leave, then the person shall be guilty of a violation of this Part.
6.
Penalties for Violation. The penalty for violation of this section shall be a fine of at least $50 per violation but not to exceed $300 per violation. The failure to pay the fine within 10 days shall result in imprisonment for a period not exceeding 10 days, together with costs. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. No. 2018-2291, 10/9/2018]
1.
It shall be unlawful for any person to urinate or defecate on any public right-of-way, underground platform or concourse, elevated platform serving public transportation facilities, underground or elevated passageways used by the public, railroad or railway passenger stations or platforms, or on the steps leading to any of them, or on any private property used to accommodate the public, or on any private property without the permission of the owner.
2.
Penalties for Violation. The penalty for violation of this section shall be a fine of at least $50 per violation but not to exceed $300 per violation. The failure to pay the fine within 10 days shall result in imprisonment for a period not exceeding 10 days, together with costs. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. No. 2018-2291, 10/9/2018]
1.
No person shall gamble or set up, establish or conduct a gambling operation on any street, sidewalk alleyway, passageway, or other public right-of-way, or on any property owned by the City or other public agency. For purposes of this section, to "gamble" shall include, but not be limited to, playing for money (or any other thing of value) any of the following: "three card monte," blackjack, spades, or other card game; and craps or other dice game; causing or attempting to cause dogfights (for financial gain or profit).
2.
No person shall attempt to gamble, incite others to gamble, or attempt to set up, establish or conduct a gambling operation on any street, sidewalk, alleyway, passageway, or other public right-of-way or on any property owned by the City or other public agency.
3.
Penalties for Violation. The penalty for violation of this section shall be a fine of at least $50 per violation but not to exceed $300 per violation. The failure to pay the fine within 10 days shall result in imprisonment for a period not exceeding 10 days, together with costs. Each day that a violation of this Part continues shall constitute a separate offense.
[Added Ord. No. 2019-2305, 10/8/2019]
3.
Persons who are found in violation of this section may be issued a non-traffic citation by the police or other authorized law enforcement officer. Alternatively, the officer may obtain the subject's name and address and later send a non-traffic citation through the Magisterial District Judge's office.
4.
The parent or guardian of a minor under the age of 18 years who violates § 6-307, Subsection 2A or B, shall also be in violation of this section. The officer who observes a violation of this section by a minor may:
A.
Temporarily detain the minor and follow all existing procedures for the handling of summary offenses committed by a minor;
B.
Advise the parent or guardian that the minor was found in possession of a small amount of marijuana;
C.
Issue a non-traffic citation to the minor and to the parent or guardian, and advise the parent or guardian that he or she is responsible for the payment of the violation fine; and
D.
Provided that such agency exists, provide the parent or guardian with contact information for agencies where substance abuse educational and treatment programs are available.
5.
Penalties for Violation.
6.
Enforcement.
A.
A non-traffic citation issued under this chapter shall be enforced in accordance with the procedures established by the Borough of Phoenixville Police Department for enforcement of summary violations.
B.
This chapter shall not be construed to supersede any existing Pennsylvania or federal law. Borough of Phoenixville police officers retain the authority to enforce any applicable laws.