[HISTORY: Adopted by the Borough Council of the Borough of South Waverly 10-2-1995 by Ord. No. 10-2-95 (Ch. 81 of the 1992 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- Remaining idle essentially in one location; lingering; spending time idly; loafing or walking aimlessly in one location.
- PUBLIC PLACE
- Any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the use of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business or residence and also includes public grounds, areas, rights-of-way or parks.
No person shall loiter in a public place in such a manner as to:
Create or cause to be created a danger of a breach of the peace.
Create or cause to be created any annoyance to any person or persons.
Obstruct the free passage of pedestrians or vehicles.
Obstruct, molest or interfere with any person lawfully in any public place as defined in § 342-1 of this chapter. This shall include the making of unsolicited remarks of any offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to or in whose hearing they are made.
Whenever the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in § 342-2 of this chapter, any police officer may 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 section.
The contracting police force shall have the power and duty to enforce the provisions of this chapter.
[Added 6-2-2010 by Ord. No. 06-02-10-02]
Editor's Note: This ordinance also provided for an effective time and date of 12:00 midnight on 6-30-2010, further providing that the South Waverly Borough Police Department be disbanded at that time contemporaneously with the commencement of police services in South Waverly Borough by Sayre Borough Police Department pursuant to an agreement of 3-1-2010.
Any individual returning to a location after leaving said location after being ordered to do so by a police officer shall be guilty of a violation of this section.
[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 being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a 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 equity in the Court of Common Pleas of Bradford County.