[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 6-26-2007
by Ord. No. 07-08. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Remaining idle in essentially one location, and includes the concepts
of spending time idly, loafing or walking about aimlessly, and also includes
the colloquial expression "hanging around."
Includes any adult person having care or custody of a minor, whether
by reason of blood relationship, the order of any court or otherwise.
Any place to which the public has access, including any street, highway,
road, alley or sidewalk. It shall also include the front or the neighborhood
of any shop, store, restaurant, tavern or other place of business and public
grounds, areas and parks, as well as parking lots or 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 by or under the control
of his or her parent or guardian.
Ordered or told by a police officer or law enforcement officer to
stop causing or committing the conditions prohibited in this chapter and to
move on or disburse.
A.
After first being warned by a law enforcement officer,
or where a sign has been clearly and conspicuously posted prohibiting the
blocking of a public passageway, it shall be unlawful for any person to loiter
in a public place in such a manner as to:
(1)
Create or cause to be created a danger or a breach of
the peace.
(2)
Create or cause to be created any disturbance or annoyance
to the comfort and repose of any person.
(3)
Obstruct the free passage of pedestrians or vehicles.
(4)
Obstruct, molest or interfere with any person lawfully
in any public place. This subsection shall include the making of unsolicited
remarks of an offensive, disgusting or insulting nature which are calculated
to annoy or disturb the person to whom or in whose hearing they are made.
B.
No person shall loiter on the streets or in any public
place or in or upon any private property not his or her own, within the limits
of the Borough of Alpha, being under the influence of intoxicating liquors
or drugs.
C.
No person shall obstruct or interfere with any person
or persons lawfully being in or upon such streets or public places or such
private or public conveyances or upon private property.
No parent or guardian of a minor under the age of 18 years shall knowingly
permit his or her minor to loiter in violation of this chapter.
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 listed above, he or she may, if he or
she deems it necessary for the preservation of the public peace and safety,
order that person to leave the 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.
A.
Notice of violation. Whenever any minor under the age
of 18 years is charged with a violation of this chapter, his or her parent
or guardian shall be notified of this fact by the Chief of Police, the Borough's
top law enforcement officer, or by any other person designated by him or her
to give such notice.
B.
Repeated violations. If at any time within 30 days following
the giving of notice as provided above the minor to whom such notice relates
again violates this chapter, it shall be presumed in the absence of evidence
to the contrary that the minor did so with knowledge and permission of his
or her parent or guardian.
C.
Violations and penalties. Any person violating any of
the provisions of this chapter shall, upon conviction, be punished by one
or more of the following: a fine not less than $50 and not more than $1,000
or by imprisonment not exceeding 30 days or by a period of community service
not to exceed 30 days, or both, in the discretion of the court.
