City of Erie, PA ARTICLE 737 Loitering in Aid of Drug Offenses

CROSS REFERENCES

Controlled Substance, Drug, Device and Cosmetic Act — See 35 P.S. Sec. 780-101 et seq.

Loitering — See GEN. OFF. 705.02(h).

§ 737.01 Definitions.

[Ord. 29-1993 § 1, passed 4-7-1993]

As used in this article, certain terms are defined as follows:

(a) DRUG ABUSE OFFENSE — A violation of the Controlled Substance, Drug, Service and Cosmetic Act 35 P.S. 780.101 et seq. and "controlled substances" means in the same manner as set forth in the aforesaid Act.

(b) LOITER — To resort to, remain or wander about in an idle manner essentially in one place and includes the concepts of spending time idly, or sitting, standing or walking about aimlessly.

(c) PUBLIC PLACE — An area of property, either publicly owned or to which the public has access, and includes, but is not limited to streets, alleys, sidewalks, rights-of-way, bridges, plazas, parks, driveways, parking lots, transportation facilities or other place open to the public, the doorways, entrances, porches, passageways, and roofs to any such building which fronts on any of the aforesaid places, or motor vehicles in or upon such places.

§ 737.02 Prohibitions.

[Ord. 29-1993 § 1, passed 4-7-1993]

(a) No person, with purpose to commit or aid the commission of a drug abuse offense, shall loiter in any public place, and do any of the following:

(1) Repeatedly beckon, stop, attempt to stop, or engage passers-by or pedestrians in conversation; or

(2) Repeatedly stop or attempt to stop motor vehicles; or

(3) Repeatedly interfere with the free passage of other persons.

(b) No person, with purpose to commit or aid the commission of a drug abuse offense, shall loiter in any public place.

§ 737.03 Factors to determine purpose.

[Ord. 29-1993 § 1, passed 4-7-1993]

In determining the purpose of an offender under this article the Court shall consider all relevant surrounding circumstances, which may include but are not limited to the following factors in addition to the overt acts set forth in Section 737.02(a):

(a) That the person has been convicted or been found delinquent for a drug abuse offense within the three years preceding the arrest;

(b) That the person is loitering and directing pedestrians or motorists through words, hailing, waving of arms, pointing, signalling or other bodily gesture to a person or premises where controlled substances are possessed or sold;

(c) That the person is loitering and has an electronic device, walkie-talkie or beeper within 100 yards of a person or premises where controlled substances are possessed or sold; or

(d) Any statement by the offender.

§ 737.04 Defenses.

[Ord. 29-1993 § 1, passed 4-7-1993]

No arrest shall be made for a violation of this article until the arresting officer first requests and affords such person an opportunity to explain such conduct, and no person shall be convicted upon trial if it appears that the explanation tendered is true and considering the surrounding circumstances disclosed a lawful purpose.

§ 737.99 Penalty.

[Ord. 29-1993 § 1, passed 4-7-1993]

Whoever violates any provision of this article is guilty of loitering in aid of drug offenses, a summary offense, and upon conviction, is subject to a fine not to exceed $1,000, or upon imprisonment of not more than 90 days or both.