[HISTORY: Adopted by the Board of Commissioners of the Township of Muhlenberg 6-12-2006 by Ord. No. 419. Amendments noted where applicable.]
Peace and good order — See Ch. 96.
Editor's Note: This ordinance also repealed former Ch. 62, Curfew, adopted 4-23-1979 by Ord. No. 129B.
Any person under the age of 18 years who shall not be accompanied by a parent or guardian is hereby prohibited from being upon the streets, ways and public area of Muhlenberg Township after 9:00 p.m. and before 5:00 a.m. prevailing times.
Any person under the age of 18 years who is currently enrolled in a school district, and who is compelled by Pennsylvania State Law (Pennsylvania Compulsory Attendance Act) to attend school in the Commonwealth of Pennsylvania, and not on an authorized absence by the school district (including field trips, work cooperatives, college visits, medical appointments, sporting or academic events and other absences excused by the school), who is absent from school due to illness, and not accompanied by a parent or legal guardian, is hereby prohibited from being upon the streets, ways, and public area of Muhlenberg Township after 9:00 a.m. and before 2:30 p.m. prevailing times.
It is unlawful for any person to loiter in Muhlenberg Township on public property, public places, or business property which impedes, obstructs or otherwise interferes with access to businesses, places open to the public or public rights-of-way. This also prohibits loitering for the purpose of engaging in drug-related activity. Nothing in this chapter is intended to prohibit orderly picketing, demonstrating or other forms of protected free speech. This terminology is to be deemed as remaining idle, gathering in one location, including sitting or standing in or out of a motor vehicle, or walking around a location aimlessly. This is to include public streets, highways, sidewalks, parking lots or garages within the Township.
Public property. No person shall, at any time, loiter on the exterior of any public property including the confines of public parking lots and garages.
Public places. No person shall, at any time, loiter in or at any public place in such a manner to impede or interfere with the conducting of legitimate business within such public place. No person may be found guilty of loitering in a public building if such person was not first asked by an authorized person of the public building or a police officer to leave the premises.
Business property. No person shall, at any time, loiter on private property that is customarily used by the public as an integral part of a commercial business in such a manner as to obstruct the free unadulterated passage of pedestrians or vehicles, obstruct or interfere with any person lawfully seeking access to or use of the commercial business, or make unreasonable noise, engage in tumultuous behavior, use profane language, or create a physically offensive condition that causes or is likely to cause public inconvenience, annoyance or alarm.
Signs or notice required. No person shall be guilty of a violation in this chapter unless the person to be charged with loitering has been asked by the property owner, tenant, police officer, or other responsible or authorized person to leave the property and has failed to leave; or the property owner, tenant or other responsible or authorized person posts the property with "NO LOITERING" signs or other notices of like meaning at the entrances of the property within 75 feet or less.
Any person violating any of the provisions of this chapter shall be punishable, upon conviction thereof, by a fine of not less than $100 nor more than $300 and costs of prosecution or by imprisonment in the Berks County Prison for not more than 90 days, or by both fine and imprisonment. In the event of the fine only, default in payment of such fine and costs of prosecution shall subject the violator to imprisonment in the Berks County Prison for not more than 90 days.
Any member of the Muhlenberg Township Police Department is hereby authorized and empowered to enforce the provisions of Chapter 62, Curfew and Loitering, of the Code of the Township of Muhlenberg, Berks County, Pennsylvania.