[HISTORY: Adopted by the Borough Council of the Borough of Rockledge 12-12-1977 by Ord. No. 391 (Ch. 6, Part 6, of the 2005 Code of Ordinances). Amendments noted where applicable.]
The following terms, words and phrases, when used in this chapter, shall have the following meanings ascribed to them:
AROUND
In the vicinity or neighborhood of.
LOITER
To linger, stay, remain, wait, abide and tarry.
PUBLIC
Affecting or likely to affect persons in a place to which the public or a substantial group has access; included among public places are highways, sidewalks, streets, roads, alleys, parks, transport facilities, schools, school premises or facilities, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public. "Premises which are open to the public" means shopping areas and parking lots during or after business hours. "Public" shall include all of the above places during or after normal hours of operation.
A. 
No person or persons, without legal privilege to do so (those with "legal privilege" shall include invitees and/or licensees, and other like persons), shall loiter or prowl in or around any public place.
B. 
It is a violation of this chapter for any person or persons to loiter or prowl upon private property or to refuse to remove himself, herself or themselves in the event the owner or occupier complains or requests that such person or persons remove themselves or, in the absence of the owner, upon such complaint or request by any person.
C. 
A person commits a violation under Subsection A or B of this section if he/she loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself/herself, or manifestly endeavors to conceal himself/herself or any object. Unless flight by the actor or other circumstance make it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted by requesting him/her to identify himself/herself and explain his/her presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm.
No person or persons shall resist, interfere with or refuse an order by any law enforcement officer to disperse or cease and desist from loitering or prowling. Violation of the provisions of this section shall constitute a separate and additional offense to those under § 336-2.
[Amended 3-14-2005 by Ord. No. 590]
A. 
Any person who shall violate § 336-2A of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $25 for the first offense and, upon conviction for a second and subsequent offense, to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
B. 
Any person who shall violate § 336-2B of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $25 for the first offense and, upon conviction for a second and subsequent offense, to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
C. 
Any person who shall violate § 336-3 of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 for the first offense and, upon conviction for a second and subsequent offense, to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
To the extent that any section or provision of this chapter is included as an offense under the Pennsylvania Crimes Code, as amended, including but not limited to disorderly conduct, harassment by communication or address, public drunkenness, loitering and prowling in the nighttime, or obstructing highways and other public passages, the Pennsylvania Crimes Code provisions shall prevail in accordance with prevailing law, but to the extent that any section of this chapter is only partly included in an offense under the Pennsylvania Crimes Code or is not so included, to the extent that it is not so included, it shall be deemed to be in full force and effect.