[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 37-1992. Amendments noted where applicable.]
A.
It shall be unlawful for any person to loiter, remain, wander, or
prowl in a public place with the intent to sell, purchase, manufacture,
possess, or transfer any controlled substance as that term is defined
in the Controlled Substance, Drug, Device and Cosmetic Act,[1] which intent is manifested by such person's overt
acts or conduct. Overt acts or conduct which may manifest a person's
intent to sell, purchase, manufacture, possess, or transfer a controlled
substance include, but are not limited to, when a person:
(1)
Repeatedly beckons to, stops or attempts to stop, or repeatedly
engages or attempts to engage in conversation with pedestrians or
motorists in a public place, with the intent to sell, purchase, manufacture,
possess, or transfer any controlled substance; or
(2)
Repeatedly passes money, objects or written material to, or
receives money, objects or written material from, pedestrians or motorists
in a public place, with the intent to sell, purchase, manufacture,
possess, or transfer any controlled substance.
[1]
Editor's Note: See 35 P.S. § 780-101 et seq.
B.
No arrest shall be made for a violation of Subsection A unless the arresting officer first affords the person an opportunity to explain his or her conduct, and no person shall be convicted of violating Subsection A if it appears at trial that the explanation given was clearly true and disclosed a lawful purpose.
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearing appears in
the context:
A drug, substance, or immediate precursor, as defined in
the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act,
35 P.S. § 780-101 et seq., as hereafter amended, supplemented,
modified or reenacted by the General Assembly of Pennsylvania.
Any act, device, instrument, apparatus or contrivance, the
primary and exclusive use of which is involved with the illegal use
and possession of any and all controlled or contraband substances
as defined by the laws of Pennsylvania.
A substance which, under the regulations of the Pennsylvania
Department of Health, is a principal compound commonly used or produced
primarily as an immediate chemical intermediary used or likely to
be used in the manufacture of a controlled substance or contraband
substance.
Any person who violates the provision of this chapter shall be subject to Chapter 3-399, Penalty, of these Codified Ordinances. Further, any property, including a motor vehicle, used in connection with activity that violates any part of this chapter may be seized at the time of arrest and permanently forfeited upon conviction for violation of this chapter as part of the penalty for such a violation or pursuant to other provisions of City or state law.
