[HISTORY: Adopted by the Borough Council of the Borough of Homestead 12-8-2005 by Ord. No. 1179. Amendments noted where applicable.]
It is hereby declared and found that loitering as defined in this chapter is detrimental to the Borough because it disturbs the peace, obstructs the free passage of pedestrians or vehicles, interferes with or obstructs persons' efforts to lawfully seek access to commercial enterprises and/or is engaged in for the purpose of conducting or facilitating illegal activity and should, accordingly, be reasonably regulated in order to promote public safety and to discourage obstructive, dangerous and/or illegal conduct.
As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates a different meaning is intended:
- LOITER and LOITERING
- Remaining idle in one location, walking around aimlessly, lingering, hanging around, delaying, lurking, prowling, moving slowly about, sitting or standing in or out of a motor vehicle where such conduct is not due to a physical disability or medical condition.
- PLACE OF BUSINESS OR RESIDENCE
- Property and places privately owned but open to the public generally, such as service centers, retail stores, transportation terminals, movie theaters, office buildings, restaurants, and all distinct places privately owned and not open to the public generally, such as homes, private residences and apartment houses, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox and other structure appurtenant to such place of business or residence.
- PUBLIC PLACE
- Public streets and alleyways, public rest rooms, public sidewalks, public parks and public buildings.
- SURROUNDING AREA
- That area easily and immediately accessible to the loitering person or persons.
No person shall loiter in or around a place of business or residence or in or around a public place in such a manner as to:
Constitute an offense against public order and decency in violation of the Pennsylvania Crimes Code, including but not limited to offenses consisting of:
Failure of disorderly persons to disperse upon official order in violation of 18 Pa.C.S.A. § 5502;
Disorderly conduct in violation of 18 Pa.C.S.A. § 5503;
Public drunkenness and similar misconduct in violation of 18 Pa.C.S.A. § 5505;
Loitering and prowling at night time in violation of 18 Pa.C.S.A. § 5506; and
Obstructing highways and other public passages in violation of 18 Pa.C.S.A. § 5507.
Obstruct the free passage of pedestrians or vehicles;
Obstruct or interfere with any person lawfully seeking access to or the use of a place of business or residence or public place for its intended and lawful commercial, public or residential purposes.
Warrant a reasonable belief that the loitering person or persons places the safety of persons or the security of property in the surrounding area in jeopardy where the reasonableness is based upon factors which include but are not necessarily limited to:
The flight of a loitering person or persons upon the appearance of a police officer;
The concealment or attempted concealment of a loitering person or persons upon the appearance of a police officer; or
The systematic checking by a loitering person or persons of doors, windows or other means of access to buildings, houses or vehicles.
No person shall be guilty of a violation of this chapter for loitering in or around a public place, place of business or residence unless:
In the case where the person or persons to be charged with loitering are loitering in or around the area of a place of business or residence and the owner or tenant of the place of business or residence has posted the place of business or residence with "NO LOITERING" signs or other notices of like meaning at the entrance or entrances to the place of business or residence and at intervals of not less than 50 feet on such place of business or residence; and
The person or persons to be charged with loitering has/have been:
In the case of a place of business or residence, asked by the owner or tenant of the place of business or residence, by an employee of the owner or tenant, by a security officer or by a law enforcement officer to leave the area in or around the place of business or residence and has failed to so leave; or
In the case of a public place, the person or persons to be charged with loitering has/have been asked by a security officer or law enforcement officer to leave the area in or around the public place and has failed to so leave.
Any person, firm or corporation violating any provision of this chapter shall be fined and/or sentenced as follows: