[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua 3-6-1979 by Ord. No. 382. Amendments noted where applicable.]
For the purpose of this chapter, a person commits a violation
if he loiters, lingers idly, or prowls about in a public place, or
street, or loiters in or around a public building, apartment building
or place of business, or obstructs corridors, stairways or doorways,
so as to prevent free access to the buildings, at a time, or in a
manner not usual for law abiding individuals under circumstances that
warrant alarm for the public safety or convenience of persons or property
in the vicinity. Among the circumstances which may be considered in
determining whether such alarm is warranted is the fact that the actor
refuses to identify himself, or explain his purpose for being in or
about a public place, or in one of the areas described hereinbefore,
or refuses to move on without reasonable explanation upon request
of a police officer, or takes flight upon appearance of a police officer,
or manifestly endeavors to conceal himself or any object. Unless flight
by the actor or other circumstances makes it impracticable, a police
officer shall, prior to any arrest for an offense under this chapter,
afford the actor an opportunity to dispel any alarm which would otherwise
be warranted by requesting him to identify himself and explain his
presence and conduct or by affording him the opportunity to move on.
No person shall be convicted of an offense under this chapter if the
police officer did not comply with the preceding sentence, or if it
appears at trial that the explanation given by the actor was true
and, if believed by the police officer at the time, would have dispelled
the alarm.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
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 Schuylkill 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.
