Township of Upper Providence, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence 9-15-1980 by Ord. No. 219. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 71.
Peace and good order — See Ch. 122.
Picketing — See Ch. 126.
It shall be unlawful for any person to sit or stand around in an aimless manner in or on any place at a time and in a way not usual for law-abiding individuals under circumstances which warrant alarm for the safety of persons or property in the vicinity; subject, however, to the following provisions:
A. 
Among the circumstances which may be considered as tending to warrant such alarm are when a person, upon the appearance of a police officer, takes flight, attempts to conceal himself or any object or refuses to identify himself and explain his presence and conduction after request.
B. 
Among the circumstances which may be considered as tending not to warrant such alarm are when a person is strolling down a street, window-shopping or sightseeing, in a manner usual for law-abiding individuals.
C. 
Unless flight by the person or other circumstance make it impractical, a police officer shall, prior to making an arrest for an offense under this section, give the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct.
D. 
If the person refuses to answer or gives an explanation that does not dispel such alarm, the police officer may, but need not, direct the person to move on prior to making an arrest.
E. 
No person shall be convicted of an offense under this section if:
(1) 
The police officer did not comply with Subsection C of this section; or
(2) 
At the trial, it appears that the explanation given by the person was true and if believed by the police officer at the time would have dispelled the alarm.
It shall be unlawful for any person to obstruct the free, full or safe access to any public place or to obstruct the free, full or safe passage through or upon any public sidewalk, street, alley or place, whether by one's single presence or by his congregation with others or otherwise, after having been directed to move on by a police officer. Any person who shall return to the same place or to the immediate vicinity of the same place within one hour of the time he has been directed to move on therefrom by a police officer under the same or similar circumstances to those prevailing when receiving said directive to move on shall be guilty of a violation of this section without receiving another directive to move on.
It shall be unlawful for any person to obstruct the free, full or safe passage to, through, over or upon any vacant lot, unfenced parking lot or unattended parking lot, whether by one's single presence or by his congregation with others or otherwise, after having been directed to move on by a police officer. Any person who shall return to the same place or to the immediate vicinity of the same place within one hour of the time he has been directed to move on therefrom by a police officer under the same or similar circumstances to those prevailing when receiving said direction to move on shall be guilty of a violation of this section without receiving another directive to move on. Nothing contained in this section shall infringe upon the rights of the owner or tenant of said privately owned real property to lawfully use said privately owned real property or to permit others to lawfully use said privately owned real property.
[Amended 9-17-1990 by Ord. No. 301]
Any person who shall violate § 112-1, 112-2 or 112-3 of this chapter shall be guilty of a summary offense and, upon conviction, shall be fined by the District Justice not more than $600 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.