[Adopted 12-8-2005 by Ord. No. 1179 (Ch.
174 of the 1999 Code)]
It is hereby declared and found that loitering
as defined in this Part is detrimental to the Borough because it disturbs
the peace, obstructs the free passage of pedestrians or vehicles,
interferes with or obstructs persons' efforts to lawfully seek access
to commercial enterprises and/or is engaged in for the purpose of
conducting or facilitating illegal activity and should, accordingly,
be reasonably regulated in order to promote public safety and to discourage
obstructive, dangerous and/or illegal conduct.
As used in this Part, the following terms shall
have the following meanings, unless the context clearly indicates
a different meaning is intended:
Remaining idle in one location, walking around aimlessly,
lingering, hanging around, delaying, lurking, prowling, moving slowly
about, sitting or standing in or out of a motor vehicle where such
conduct is not due to a physical disability or medical condition.
Property and places privately owned but open to the public
generally, such as service centers, retail stores, transportation
terminals, movie theaters, office buildings, restaurants, and all
distinct places privately owned and not open to the public generally,
such as homes, private residences and apartment houses, together with
any yard, grounds, walk, driveway, fence, porch, steps, vestibule,
mailbox and other structure appurtenant to such place of business
or residence.
Public streets and alleyways, public rest rooms, public sidewalks,
public parks and public buildings.
That area easily and immediately accessible to the loitering
person or persons.
No person shall loiter in or around a place
of business or residence or in or around a public place in such a
manner as to:
1.
Constitute an
offense against public order and decency in violation of the Pennsylvania
Crimes Code, including but not limited to offenses consisting of:
A.
Failure of disorderly
persons to disperse upon official order in violation of 18 Pa.C.S.A.
§ 5502;
B.
Disorderly conduct
in violation of 18 Pa.C.S.A. § 5503;
C.
Public drunkenness
and similar misconduct in violation of 18 Pa.C.S.A. § 5505;
D.
Loitering and
prowling at night time in violation of 18 Pa.C.S.A. § 5506;
and
E.
Obstructing highways
and other public passages in violation of 18 Pa.C.S.A. § 5507.
2.
Obstruct the free
passage of pedestrians or vehicles;
3.
Obstruct or interfere
with any person lawfully seeking access to or the use of a place of
business or residence or public place for its intended and lawful
commercial, public or residential purposes.
4.
Warrant a reasonable
belief that the loitering person or persons places the safety of persons
or the security of property in the surrounding area in jeopardy where
the reasonableness is based upon factors which include but are not
necessarily limited to:
A.
The flight of
a loitering person or persons upon the appearance of a police officer;
B.
The concealment
or attempted concealment of a loitering person or persons upon the
appearance of a police officer; or
C.
The systematic
checking by a loitering person or persons of doors, windows or other
means of access to buildings, houses or vehicles.
No person shall be guilty of a violation of
this Part for loitering in or around a public place, place of business
or residence unless:
1.
In the case where
the person or persons to be charged with loitering are loitering in
or around the area of a place of business or residence and the owner
or tenant of the place of business or residence has posted the place
of business or residence with "NO LOITERING" signs or other notices
of like meaning at the entrance or entrances to the place of business
or residence and at intervals of not less than 50 feet on such place
of business or residence; and
2.
The person or
persons to be charged with loitering has/have been:
A.
In the case of
a place of business or residence, asked by the owner or tenant of
the place of business or residence, by an employee of the owner or
tenant, by a security officer or by a law enforcement officer to leave
the area in or around the place of business or residence and has failed
to so leave; or
B.
In the case of
a public place, the person or persons to be charged with loitering
has/have been asked by a security officer or law enforcement officer
to leave the area in or around the public place and has failed to
so leave.
[Amended at time of adoption of Code (see AO)]
Any person, firm or corporation violating any
provision of this Part shall, upon conviction in a summary proceeding
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
Part that is violated shall also constitute a separate offense. In
addition to or in lieu of enforcement under this section, the Borough
may enforce this Part in equity in the Court of Common Pleas of Allegheny
County.
