[HISTORY: Adopted by the Borough Council of the Borough of Athens 2-14-1977 by Ord. No. 321, approved 2-14-1977 (Ch. 71 of the 1977 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location, including the concepts of spending time idly, loafing or walking about aimlessly and also includes the colloquial expression "hanging around."
PUBLIC PLACE
Any place to which the public has access and includes any street, highway, road, alley or sidewalk. It also includes the front or the neighborhood of any store, shop, restaurant, tavern or other place of business; and public grounds, areas and parks, 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 parent or guardian.
PARENT or GUARDIAN
Includes any adult person having the care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
No person shall loiter in a public place in such manner as to:
A. 
Create or cause to be created a danger of a breach of the peace.
B. 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
C. 
Obstruct the free passage of pedestrians or vehicles.
D. 
Obstruct, molest or interfere with any person lawfully in any public place, as defined in § 312-1. This subsection 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.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in § 312-2, he may, if he deems it necessary for the preservation of the public peace and safety, 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 chapter.
No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to loiter in violation of this chapter.
Whenever any minor under the age of 18 years is charged with a violation of this chapter, his parent or guardian shall be notified of this fact by the Chief of Police or any other person designated by him to give such notice.
If at any time within 30 days following the giving of notice, as provided in § 312-5, the minor to whom such notice relates again violates this chapter, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
No person, except the owners of the establishment, their agents and employees, shall be present in the area used for dispensing alcoholic beverages, in any establishment licensed to sell alcoholic beverages by the Commonwealth of Pennsylvania in the Borough of Athens, 30 minutes after closing.
[Amended 3-9-1998 by Ord. No. 513, approved 3-9-1998; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter 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 chapter 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 chapter in equity in the Court of Common Pleas of Bradford County.