[HISTORY: Adopted by the Board of Supervisors of the Township of
Upper Providence 9-15-1980 by Ord. No. 219.
Amendments noted where applicable.]
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:
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.
