[HISTORY: Adopted by the Borough Council of the Borough of
Dormont 6-5-1978 by Ord. No. 1249. Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined
as follows:
Any person under the age of 18 years.
Remaining idle in essentially one location without being
able to establish having a legitimate business or purpose in so remaining
idle or by conduct exhibiting the absence of a lawful purpose in so
remaining idle.
Any parent of a juvenile, a guardian or any adult person
18 years of age or over responsible for the care and custody of a
juvenile.
Any place to which the public has access, and includes any
street, highway, road, alley or sidewalk. It also includes the area
in front of or adjacent to any store, shop, restaurant, tavern, school,
municipal building or any other place of business and public grounds,
areas and parks, as well as parking lots or other vacant private property
not owned by or under the control of the person charged with violating
this chapter, or, in the case of a juvenile, not owned by or under
the control of his or her parent.
No person shall loiter in a public place in such a manner as
to:
A.
Obstruct the free passage of pedestrians or vehicles.
B.
Obstruct, molest or interfere with any person lawfully upon any street,
park or other public place.
C.
Create or cause to be created a danger of a breach of the peace.
D.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
E.
Obstruct, molest or interfere with any person lawfully in any public place as defined in § 135-1. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom or in whose hearing they are made.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in § 135-2, he or she may, if he or she deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter.
No parent of a juvenile shall knowingly permit that juvenile
to loiter in violation of this chapter.
Any police officer who finds a juvenile violating any provisions
of this chapter shall obtain information from such juvenile as to
his or her name and address and age and the name of his or her parent.
The juvenile shall thereupon be instructed to proceed to his or her
home forthwith. If such juvenile shall fail or refuse to proceed to
his or her home forthwith after being instructed to do so, he or she
shall be taken to his or her home by a police officer. The information
obtained from the juvenile shall be forwarded to the Chief of Police,
who shall cause a written notice to be mailed to the parent of the
juvenile, advising of the violation of this chapter.
If at any time within 30 days following the date of giving written notice, as provided in § 135-5, the juvenile to whom such notice relates again violates this chapter, it shall be presumed, in the absence of evidence to the contrary, that the juvenile did so with the knowledge and permission of his or her parent.
Police officers taking juveniles into custody shall use their
discretion in determining age and in doubtful cases may require positive
proof, and until such proof is furnished, the officer's judgment
shall prevail.
[Amended 8-1-1994 by Ord. No. 1433[1]]
Any person over the age of 18 years violating any of the provisions
of this chapter and any juvenile violating any of the provisions of
this chapter more than twice shall, upon conviction in a summary proceeding
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough correctional
facility for a period not exceeding 10 days or to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in the Court of Common Pleas of Allegheny
County.
