[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.]
GENERAL REFERENCES
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:
A.
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
B.
So as to warrant concern for the safety of persons or the security
of property in the vicinity.
A.
LOITER
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.
B.
Interpretation.
(1)
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:
(a)
The time of day when, or the place where, the loitering occurs;
(b)
The systematic checking by the actor of doors, windows or other
means of ingress or egress to a building, structure or vehicle;
(c)
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;
(d)
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.
