[HISTORY: Adopted by the Borough Council of the Borough of Mount Union 5-16-1979 by Ord. No. 863 (Ch. VI, Part 3, of the 1980 Code of Ordinances). Amendments noted where applicable.]
Streets and sidewalks — See Ch. 288.
In order to protect the safety of the public and the safety of property, it shall be unlawful for any person to loiter, either alone or with others, on any public street, public alley, public mall, public common, public municipal parking lot or other public ground within the Borough or in or about any building or structure used, in whole or in part, for dwelling or rooming or boarding purposes or for business, amusement, commercial, mercantile, manufacturing, industrial, storage, educational or recreational purposes:
So as to hinder or obstruct, or tend to hinder or obstruct, the free passage of pedestrians or vehicles or the free passage of persons or property to or from any entrance or exit of a building, structure or vehicle and to fail or refuse to move or disperse when asked to do so by a police officer; or
So as to warrant concern for the safety of persons or the security of property in the vicinity.
Definitions. For the purposes of this chapter, the following terms shall have the meanings indicated:
- Includes any of the following types of conduct: loafing, lingering, hanging around, idly spending time, prowling, wandering, standing or remaining idle, sauntering or moving slowly about where the conduct is not due to physical condition or defects, but irrespective of whether the conduct is on foot or in, on or by way of a parked or moving vehicle.
Among the circumstances which are to be considered under § 202-1 above in determining whether there is warrant for the concern for the safety of persons or the security of property are:
The time of day when, or the place where, the loitering occurs;
The systematic checking by the actor of doors, windows or other means of ingress or egress to a building, structure or vehicle;
Recurrent activity by the actor which outwardly manifests no useful purpose or reasonably explicable purpose and is not usual for a law-abiding or peace-abiding person;
The continuous or repeated presence of the actor in close proximity to a building, structure, vehicle or other property or in close proximity to another person for a period of time not usual under the circumstances then existing.
Any person who shall loiter shall, upon conviction of that offense, or upon summary conviction of the offense, be sentenced to pay a fine of not more than $300, and the costs of prosecution, and, in default of payment of such fine and costs, to undergo imprisonment for not more than 90 days.