[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Berlin 10-19-1998 by Ord. No. 98-15. Amendments noted where applicable.]
The following words, as used in this chapter, are defined as follows:
- Remaining idle in essentially one location and shall include the concepts of spending time idly, loafing and walking about aimlessly without lawful purpose, and shall also include the colloquial expression "hanging around."
- PUBLIC PLACE
- Any place to which the public has access and shall include any street, road, avenue, highway, alley and sidewalk. Public place shall also include the front, neighborhood or area around any store, shop, restaurant, tavern or other place of business and public grounds, areas and parks, as well as parking lots and 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.
No person shall remain idle, lounge, sleep or loiter in or upon any street or other public place within the Borough of Berlin.
No person shall loiter in a public place in such manner as to:
Create or cause to be created a danger of a breach of the peace.
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
Obstruct the free passage of pedestrians or vehicles.
Obstruct, molest or interfere with any person lawfully in any public place, as heretofore defined. 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 whom 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 this chapter, he/she may, if he/she 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.
Any person who shall violate the provisions of this chapter shall, upon conviction, be punished by a fine not exceeding $500 or by imprisonment not exceeding 30 days, or both, in the discretion of the court.