The following words, as used in this chapter, are defined as follows:
LOITERING
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:
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 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.