[HISTORY: Adopted by the Council of the City of Coatesville 3-25-1996
as Ord. No. 1011-96. Amendments noted where applicable.]
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this chapter to have the following meanings:
The Controlled Substance, Drug, Device and Cosmetic Act, Act of April
14, 1972, P.L. 223, No. 64, 35 P.S. § 780-101 et seq., as amended
from time to time.
For the purposes of this chapter, a conviction includes a plea of
guilty, nolo contendere, adjudication pursuant to the Juvenile Act, 42 P.S.
§ 6301 et seq., and any other participation in a diversionary program
established under the Controlled Substance, Drug, Device and Cosmetic Act
or Section 5902 of the Crimes Code.[1]
A person who:
Has, within the knowledge of the arresting officer, been convicted in
any court within the Commonwealth of Pennsylvania of possessing any drugs
as set forth in the Controlled Substance, Drug, Device and Cosmetic Act or
substantially similar laws of any other state or the United States;
Displays physical characteristics of drug intoxication or usage, including,
by way of example only, needle tracks; or
Possesses or displays drug paraphernalia as defined in the Controlled
Substance, Drug, Device and Cosmetic Act.
A person who has, within the knowledge of the arresting officer,
been convicted in any court within the Commonwealth of Pennsylvania of any
act violating Section 5902 of the Crimes Code, Act of December 6, 1972, P.L.
1482, No. 334, § 1, as amended from time to time,[2] prohibiting prostitution and its provision and solicitation.
A.
A person is guilty of drug-related loitering when he
or she remains or wanders about in a public place and repeatedly beckons to,
or repeatedly stops, or repeatedly attempts to stop or repeatedly attempts
to engage passersby in conversation, or repeatedly stops or attempts to stop
motor vehicles, or repeatedly interferes with the free passage of other persons
with the intent to use, possess or sell a controlled substance in violation
of the Controlled Substance, Drug, Device and Cosmetic Act.
B.
Among the circumstances which may be considered in determining
whether such intent is manifested are:
(1)
Such person is a known drug user, possessor or seller,
as defined in this chapter.
(2)
Such person is at a location frequented by persons who
use, possess or sell drugs or is by public repute known to be an area of unlawful
drug use and trafficking.
(3)
Such person behaves in such a manner as to rouse a reasonable
suspicion that he or she is about to engage in or is then engaged in an unlawful
drug-related activity, including, by way of example only, such person as a
lookout.
(4)
Such person repeatedly passes to or receives from a passerby,
whether on foot, in a motor vehicle or on a bicycle, money or small objects
in a secretive fashion.
(5)
Such person hides or disposes of such money or small
objects upon the appearance of a police officer.
A.
A person is guilty of prostitution-related loitering
if he or she remains or wanders about in a public place and repeatedly beckons
to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts
to engage passersby in conversation, or repeatedly stops or attempts to stop
motor vehicles, or repeatedly interferes with the free passage of other persons
with the intent to commit prostitution, or promote prostitution or patronize
a prostitute in violation of Section 5902 of the Crimes Code.[1]
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
B.
Among the circumstances which may be considered in determining
whether such intent is manifested are:
(1)
Such person is a known prostitute, promoter or provider
of prostitution as defined in this chapter.
(2)
Such person is at a location frequented by prostitutes,
promoters or providers of prostitution or is by public repute known to be
an area of unlawful prostitution-related activity.
(3)
Such person behaves in such a manner as to rouse a reasonable
suspicion that he or she is about to engage in or is then engaged in an unlawful
prostitution-related activity.
Any person who shall violate any of the provisions of this chapter shall,
upon summary conviction, be fined not less than one hundred dollars ($100.)
nor more than six hundred dollars ($600.) and/or be imprisoned for a term
not to exceed ninety (90) days for each offense.
