[Adopted 6-12-2006 by Ord. No. 419 (§§ 62-3 and 62-4 of
the 1982 Code)]
It is unlawful for any person to loiter in Muhlenberg
Township on public property, public places, or business property in
a manner which impedes, obstructs or otherwise interferes with access
to businesses, places open to the public or public rights-of-way.
This also prohibits loitering for the purpose of engaging in drug-related
activity. Nothing in this article is intended to prohibit orderly
picketing, demonstrating or other forms of protected free speech.
This terminology is to be deemed as remaining idle, gathering in one
location, including sitting or standing in or out of a motor vehicle,
or walking around a location aimlessly. This is to include public
streets, highways, sidewalks, parking lots or garages within the Township.
A.
Public property.
No person shall, at any time, loiter on the exterior of any public
property including the confines of public parking lots and garages.
B.
Public places.
No person shall, at any time, loiter in or at any public place in
such a manner to impede or interfere with the conducting of legitimate
business within such public place. No person may be found guilty of
loitering in a public building if such person was not first asked
by an authorized person of the public building or a police officer
to leave the premises.
C.
Business property.
No person shall, at any time, loiter on private property that is customarily
used by the public as an integral part of a commercial business in
such a manner as to obstruct the free unadulterated passage of pedestrians
or vehicles, obstruct or interfere with any person lawfully seeking
access to or use of the commercial business, or make unreasonable
noise, engage in tumultuous behavior, use profane language, or create
a physically offensive condition that causes or is likely to cause
public inconvenience, annoyance or alarm.
D.
Signs or notice
required. No person shall be guilty of a violation in this article
unless the person to be charged with loitering has been asked by the
property owner, tenant, police officer, or other responsible or authorized
person to leave the property and has failed to leave; or the property
owner, tenant or other responsible or authorized person posts the
property with "no loitering" signs or other notices of like meaning
at the entrances of the property within 75 feet or less.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person violating any of the provisions of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not less than $100 and not more than $600 plus the costs of
prosecution and, in default of the payment of the fine and costs of
prosecution, shall be imprisoned for a period not exceeding 30 days.
Any member of the Muhlenberg Township Police
Department is hereby authorized and empowered to enforce the provisions
of this article of the Code of the Township of Muhlenberg, Berks County,
Pennsylvania.
