[Adopted 9-15-1980 by Ord. No. 219 (Ch.
112 of the 1990 Code)]
It shall be unlawful for any person to sit or
stand around in an aimless manner in or on any place at a time and
in a way not usual for law-abiding individuals under circumstances
which warrant alarm for the safety of persons or property in the vicinity;
subject, however, to the following provisions:
A.
Among the circumstances
which may be considered as tending to warrant such alarm are when
a person, upon the appearance of a police officer, takes flight, attempts
to conceal himself or any object or refuses to identify himself and
explain his presence and conduction after request.
B.
Among the circumstances
which may be considered as tending not to warrant such alarm are when
a person is strolling down a street, window-shopping or sightseeing,
in a manner usual for law-abiding individuals.
C.
Unless flight
by the person or other circumstance make it impractical, a police
officer shall, prior to making an arrest for an offense under this
section, give the person an opportunity to dispel any alarm which
would otherwise be warranted, by requesting him to identify himself
and explain his presence and conduct.
D.
If the person
refuses to answer or gives an explanation that does not dispel such
alarm, the police officer may, but need not, direct the person to
move on prior to making an arrest.
E.
No person shall
be convicted of an offense under this section if:
It shall be unlawful for any person to obstruct
the free, full or safe access to any public place or to obstruct the
free, full or safe passage through or upon any public sidewalk, street,
alley or place, whether by one's single presence or by his congregation
with others or otherwise, after having been directed to move on by
a police officer. Any person who shall return to the same place or
to the immediate vicinity of the same place within one hour of the
time he has been directed to move on therefrom by a police officer
under the same or similar circumstances to those prevailing when receiving
said directive to move on shall be guilty of a violation of this section
without receiving another directive to move on.
It shall be unlawful for any person to obstruct
the free, full or safe passage to, through, over or upon any vacant
lot, unfenced parking lot or unattended parking lot, whether by one's
single presence or by his congregation with others or otherwise, after
having been directed to move on by a police officer. Any person who
shall return to the same place or to the immediate vicinity of the
same place within one hour of the time he has been directed to move
on therefrom by a police officer under the same or similar circumstances
to those prevailing when receiving said direction to move on shall
be guilty of a violation of this section without receiving another
directive to move on. Nothing contained in this section shall infringe
upon the rights of the owner or tenant of said privately owned real
property to lawfully use said privately owned real property or to
permit others to lawfully use said privately owned real property.
[Amended 9-17-1990 by Ord. No. 301; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge 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 costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
