A.
It shall be unlawful for any person to loiter, either alone or with others, on any public street, public road, public alley, public mall, public common, public municipal parking lot or other public ground within the Township or in or about any building or structure used, in whole or in part, for dwelling or rooming or boarding purposes or for business, amusement, commercial mercantile, manufacturing, industrial, storage, educational or recreational purposes:
(1)
So as to hinder or obstruct, or tend to hinder or obstruct, the free passage of pedestrians or vehicles or the free passage of persons or property to or from any entrance or exit of a building, structure or vehicle, and to fail or refuse to move or disperse when asked to do so by a police officer; or
B. LOITER
Definition. As used in this section, the following terms shall have the meanings indicated:
Includes any of the following types of conduct: loafing, lingering, idly spending time, prowling, wandering, standing or remaining idle, sauntering or moving slowly about where the conduct is not due to physical condition or defect, but irrespective of whether the conduct is on foot or in, on or by way of a parked or moving vehicle.
C.
Interpretation.
(1)
Among the circumstances which are to be considered under Subsection A(2) under this § 112-1 in determining whether there is warrant for the concern for the safety of persons or the security of property are:
(a)
The time of day when, or the place where, the loitering occurs;
(b)
The systematic checking by the actor of doors, windows or other means of ingress or egress to a building, structure or vehicle;
(c)
Recurrent activity by the actor which outwardly manifests no useful or reasonably explicable purpose and is not usual for a peaceable or law-abiding person; or
(d)
The continuous or repeated presence of the actor in close proximity to a building, structure, vehicle or other property, or in close proximity to another person, for a period of time not usual under the circumstances then existing.
(2)
Among the circumstances which are to be considered in determining whether the actor has failed to dispel the concern, as under Subsection A(2)(b) of this § 112-1, are whether:
(a)
The actor takes flight upon the appearance of a police officer;
(b)
The actor attempts to conceal himself or any object; or
(c)
The actor's explanation to the police officer of his presence or conduct is untrue or is such as would not at the time be reasonably sufficient to dispel the concern in the minds of reasonable men of common intelligence.
D.
Intent.
(1)
No person shall be convicted of the offense of loitering under Subsection A(2) of this § 112-1 if it appears at trial that the actor's explanation of his presence and conduct is in fact true and, had it been made known to the police officer at the time and had it been believed by the police officer at the time, would have dispelled the concern.
(2)
It is not intended that this § 112-1 be used by a particular complainant as a catch-all against persons whose ideas, dress, life-style or physical appearance is annoying to the sensibility of the complainant. Nor is it intended that this § 112-1 be used as a form of preventive detention or as an excuse for search or seizure. It is the intent of this § 112-1, however, to recognize that there are conditions and circumstances which warrant a police officer making a judgment in the field or on the spot that the time exists when - giving due consideration to the balance of the rights of free assembly, free association, free speech or free movement - some action is called for in order to insure that the safety of the public and the safety of property be protected.