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Borough of Pottstown, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 1888, 5/10/1999, § 1, Art. I]
As used in this Part, the following terms shall have the meanings indicated:
IDLE
Includes the following activities: walking about aimlessly without apparent purpose, lingering, hanging around, lagging behind, the idle spending of time, delaying, sauntering and moving slowly about, where such conduct is not due to physical defects or conditions.
PLACE, PUBLIC or PRIVATE
Includes, but is not limited to, the following: all places commonly known as being distinctively public, such as public streets, public rest rooms, sidewalks, parks, alleys and buildings, all places privately owned but open to the public generally, such as shopping centers, transportation terminals, retail stores, movie theaters, office buildings and restaurants and all places distinctively private, such as homes or private residences and apartment houses.
[Ord. 1888, 5/10/1999, § 1, Art. I]
A person shall be guilty of disorderly conduct if he shall remain idle in essentially one location in a public place with the intent to cause public inconvenience or alarm or to recklessly create a risk thereof in such a manner so as to:
A. 
Engage in fighting or threatening or in violent or tumultuous behavior.
B. 
Create or cause to be created any disturbance calculated to interfere with the comfort and repose of any person.
C. 
Obstruct the free passage of pedestrians or vehicles.
D. 
Obstruct, molest or interfere with any person lawfully in any public place.
E. 
Make unsolicited remarks of any offensive, disgusting or insulting nature or which are calculated to disturb the person to or in whose hearing they are made.
F. 
Appear in any public place manifestly under the influence of alcohol, narcotics or other drug, not therapeutically administered, to the degree that he may endanger himself or other persons or property or disturb persons in his vicinity.
G. 
Carry in a threatening or menacing manner, without authority of law, any pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles or slingshot, an object containing noxious or deleterious liquid, gas or substance or another dangerous weapon, or to conceal said weapon on or about the person or vehicle.
[Ord. 1888, 5/10/1999, § 1, Art. I]
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing any conditions enumerated in § 502 herein, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place, and any person who shall refuse to leave after being ordered to do by a police officer shall be guilty of a violation of this Section.
[Ord. 1888, 5/10/1999, § 1, Art. I]
This Part shall not apply to peaceful picketing, public speaking or other lawful expressions of opinion not in contravention of other laws.
[Ord. 1888, 5/10/1999, § 1, Art. I]
It is the intent that this Part shall be supplemental to any laws of the Commonwealth of Pennsylvania hereinbefore or hereinafter adopted concerning disorderly conduct.
[Ord. 1888, 5/10/1999, § 1, Art. II]
It shall be unlawful for any person to loiter in or upon any public place for the purpose of committing any of the following:
A. 
Offering to commit, committing or engaging in prostitution or lewdness as prohibited by §§ 5901 and 5902 (a)(1) and (2) and (b)(8) of the Pennsylvania statutes.
B. 
Soliciting, inducing, enticing or procuring another to commit prostitution or lewdness with himself or herself as prohibited by §§ 5901 and 5902 (a)(1) and (2) and (b)(2), (3), (4), (5), (6) and (8) of the Pennsylvania statutes.
C. 
Selling, purchasing, manufacturing or delivering or possessing with intent to sell, purchase, manufacture or deliver a controlled substance as prohibited by Act 64 and Title 18 of the Pennsylvania statutes.
[Ord. 1888, 5/10/1999, § 1, Art. II]
For the purpose of this Part, the following terms shall have the meanings indicated:
PUBLIC PLACE
An area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
[Ord. 1888, 5/10/1999, § 1, Art. II]
Any person or persons violating the provisions of this Part shall, upon being convicted in a summary proceeding before a district justice, be sentenced to pay a fine for the use of the Borough of not less than $25 nor more than $600 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment in the Borough lockup or County jail for a period of not more than 30 days.