[HISTORY: Adopted by the Borough Council of the Borough of
Wyalusing 4-2-2007 as Ch. 47 of
the 2005 Code. Amendments noted where applicable.]
[Added 8-7-2017]
The purpose of this chapter is to regulate malicious loitering
as authorized under the Borough Code found at 8 Pa.C.S.A. § 1202
(5).
As used in this chapter, the following words and terms shall
have the following meanings:
Lingering, staying, remaining or waiting at one location.
Vexatious, annoying, injurious, or with intent to do a wrongful
act.
Roving or wandering in a stealthful manner. (See definition
of "wandering.")
Any place to which the public has access and includes any
street, highway, road, alley, or sidewalk. It also includes the front
or the surrounding area of any store, shop, restaurant, tavern, or
other place of business and public grounds, areas and parks, public
building, public library, as well as parking lots or other vacant
private property not owned by or under the control of the person charged
with violating this chapter or, in the case of a minor, not owned
or under the control of his or her parent or guardian.
Wandering about and occupying, lodging or sleeping in any
vacant or unoccupied barn, garage, shed, shop, house, or any other
building or in any automobile, truck, railroad car or other vehicle
without owning the same or without permission of the owner or person
entitled to possession of the same or sleeping in any vacant lot during
the hours of darkness and not giving a satisfactory account oneself.
No person shall maliciously loiter, wander or prowl in a public
place.
A.
No person shall be convicted of maliciously loitering or prowling
or wandering in a public place in violation of this chapter unless
a arresting official, at the time and upon observation of the alleged
malicious loitering or prowling or wandering, determines that such
person was causing or was likely to cause any of the conditions enumerated
in the preceding section.
B.
Unless flight by the person or other disabling circumstances makes
it impracticable, an arresting official shall, prior to any arrest
for an offense under this chapter, afford the person an opportunity
to dispel any alarm which would otherwise be warranted, by requesting
him or her to identify him/herself and explain his or her presence
and conduct.
C.
No person shall be convicted of malicious loitering or prowling or wandering in a public place in violation of this chapter if the arresting official did not comply with Subsection B hereof or if it appears to the fact finder at trial that the explanation given by the person was true and, if believed by the arresting official at the time, would have dispelled the alarm.
[Amended 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this chapter shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the chapter. If the penalty is not paid, the Borough shall initiate
a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorney fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the chapter violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the chapter in equity in the Bradford County
Court of Commons.
[Added 8-7-2017]
In the event that any individual section or provision within
this chapter shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this chapter
shall remain in full force and effect.
