[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown 9-22-1972 by Ord. No. 1972-40; amended in its entirety 3-24-1986 by Ord. No.
86-2 (Ch. 6, Part 4, of the 1986 Code). Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 170.
In order to protect the safety of the public and the security
of property in the Borough, it shall be unlawful for any person to
loiter, either alone or with others, on any sidewalk, street, alley,
mall, parking lot, playground, park, recreation area, or other like
outdoor facility in the Borough, or in or about any building or structure
in the Borough (irrespective of whether the building or structure
is occupied or vacant or irrespective of the use which is made of
the building or structure), so as to warrant concern by a police officer
for the safety of persons or the security of property in the vicinity;
and to fail or refuse to move on or disperse when requested to do
so by the police officer; and then to fail or refuse to explain his
presence or conduct when requested to do so by the police officer
or, if he gives an explanation of his presence or conduct to the police
officer and the explanation is such as would not at the time be reasonably
sufficient to dispel the concern of the police officer, to fail or
refuse to move on or disperse if again requested to do so by the police
officer.
A.Â
LOITER
Definition. For the purposes of this chapter, the following term
shall have the meaning given:
Includes any of the following types of conduct: loafing;
lingering; hanging around; idly spending time; prowling; wandering;
standing or remaining idle or sauntering or moving slowly about in
a case where such movement is not due to physical condition or physical
defects. The term "loiter" means and includes conduct which is on
foot or conduct which is by way of a parked or moving vehicle.
B.Â
Interpretation. Among the circumstances which are to be considered
under this chapter in determining whether a police officer was warranted
in being concerned for the safety of persons or the security of property
are:
(1)Â
The time of day when, or the place where, the loitering occurs.
(2)Â
The systematic checking by the actor of doors, windows, fire escapes,
gates or other means of entry to a building, structure, vehicle or
property.
(3)Â
Recurrent activity or aberrant behavior 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.
(4)Â
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.
(5)Â
The actor's attempt to conceal himself or any object.
A.Â
No person shall be convicted of the offense of loitering under this
chapter if it appears at trial that the actor's explanation of
his presence and conduct is in fact true and, if the explanation had
been made to the police officer at the time and if it had been believed
by the police at the time, it would have or should have dispelled
the police officer's concern for the safety of persons or the
security of property.
B.Â
It is not intended that this chapter be used by a particular complainant
as a catchall against persons whose ideas, dress, lifestyle or physical
appearance is annoying to the sensibility of the complainant. Nor
is it intended that this chapter be used as a form of preventive detention
or as an excuse for search and seizure. It is the intent of this chapter,
however, to recognize that there are conditions and circumstances
which warrant a police officer making a judgment in the field or on
the spot that the time has arrived when (after giving due consideration
to the delicate balance of the right of free assembly, free association,
free speech or free movement) some action is called for by the police
officer in order to ensure that the safety of the public or the security
of property will be protected by taking some common sense, but not
unreasonably oppressive, measures.
A person convicted of the offense of loitering shall be sentenced
to pay a fine of not more than $100 and the costs of prosecution and,
upon failure to pay such fines and costs, to imprisonment for not
more than 10 days.
