[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 11-10-1975 by Ord. No.
673, approved 11-10-1975. Amendments noted where applicable.]
It shall be unlawful for any person to loiter or prowl in a
place, at a time or in a manner not usual for law-abiding individuals
under circumstances that warrant alarm for the safety of persons or
property in the vicinity.
A.
Among the circumstances which may be considered in determining whether
such alarm is warranted is the fact that the actor takes flight upon
appearance of a police officer, refuses to identify himself or herself
or manifestly endeavors to conceal himself or herself or any object.
B.
As a procedural condition to conviction, if practicable and unless
flight by the actor or other circumstance makes it impracticable,
a police officer shall, prior to any arrest under this section, afford
the actor an opportunity to dispel any alarm which would otherwise
be warranted by requesting said actor to identify himself or herself
and explain his or her presence and conduct. Also, no person shall
be convicted of an offense under this section if it appears at the
hearing that the explanation given by the actor was true and, if believed
by the police officer at the time, would have dispelled the alarm.
C.
Types of loitering. No person shall loiter in a public place in such
manner as to:
[Added 11-6-1990 by Ord.
No. 991]
(1)
Create or cause to be created a danger of a breach of the peace.
(2)
Create or cause to be created any annoyance to any person or persons.
(3)
Obstruct the free passage of pedestrians or vehicles.
(4)
Obstruct, molest or interfere with any person lawfully in any public place, as defined in § 179-1.1 of this chapter. This 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.
[Added 11-6-1990 by Ord.
No. 991]
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 or
spending time idly; loafing or walking about aimlessly in one vicinity
or neighborhood; or "hanging around" for no legitimate purpose other
than to linger in the area.
Any place to which the public has access, including any public
street or public sidewalk or the front of and the area immediately
adjacent to any school, parking lot, store, restaurant, tavern or
other place of business.
[Amended 8-8-1983 by Ord.
No. 862, approved 8-8-1983]
Under circumstances falling short of rendering such person an
implied invitee or licensee, it shall be unlawful for any person to
linger in or about and for a purpose unconnected with lawful activity
related to facilities of a restricted public nature to which the public
or a substantial group has access, including a store, shopping center,
school, railroad stop or station, the post office, the Borough's
municipal or community building or any place of public worship or
any parking area serving any such facility or any residential, municipal
or commercial parking area to which the public or a substantial group
has access. Such specific places shall be deemed to include, to the
fullest extent permitted as reasonable under all the circumstances,
any point within 100 feet of such place or facility for the effective
dispelling of alarm for safety of persons or property, prevention
of disruption of activities in which such facilities specialize and
minimizing of trespassing or trespassing ab initio.
[Amended 8-8-1983 by Ord.
No. 862, approved 8-8-1983]
On any public street or parking area of any type adjacent thereto
open as a parking area or street to the use of the public, irrespective
of whether such public use is a matter of right, and including streets
as well as parking lots open to public use as a privilege by permission
of the owner, including sidewalks thereof (and walls, steps or points
immediately adjacent thereto so as to minimize evasion), it shall
be unlawful for three or more persons as a group or as interacting
individuals or groups to linger for more than 10 minutes under circumstances
that warrant alarm for the safety of persons or property in the vicinity.
A.
A police officer, acting reasonably and objectively, may warn such
persons to disperse.
B.
If reasonably necessary to dispel any alarm which would otherwise
be warranted, a police officer may clear the area of such persons,
causing those who refuse or fail to leave to be taken to the police
station. At the police station, the Sergeant on duty shall ascertain
relevant facts, under constitutional safeguards, and assume centralized
responsibility for accurate, effective, fair, impartial and uniform
enforcement. Such persons may thereupon be permitted to return or
be escorted to their respective homes if such action is consonant
with dispelled alarm for the safety of persons or property in the
area affected. Said Sergeant shall promptly, within 24 hours, file
a written report with the Chief.
C.
As a last resort for effective crowd control, after consultation
with the Mayor, proceedings may be instituted before the District
Justice under this section.
[Amended 11-6-1990 by Ord. No. 991]
Whenever the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in § 179-1C of this chapter, any police officer may order that person to leave that place. Any person who is observed by a police officer standing around in violation of this chapter for a period of 10 minutes or more shall be guilty of a violation of this section.
[Amended 11-6-1990 by Ord. No. 991]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$300 and/or imprisonment for a term not to exceed 90 days.
A.
Severability is intended throughout and within the provisions, parts, phrases and terms of §§ 179-1, 179-2 and 179-3 and the application thereof; if any of such are held invalid, this shall have no effect in any other respect, and the invalidity of any minimum number shall have no effect on the applicability of the minimum number constitutionally permissible or any higher number.
C.
To be as fair and specific as possible, the Mayor is authorized to
give advisory opinions, in writing or immediately reduced to writing,
which shall be binding and shall be adhered to by the police, until
an appropriate amendment, if any, has been duly considered and enacted
by the Borough Council, interpreting terms, phrases, parts or any
provisions or the application thereof with respect to conduct and
circumstances definitely described, preferably, where practicable,
in response to signed letters addressed to the Mayor at the Middletown
Community Building, 60 West Emaus Street, Middletown, Pennsylvania
17057.
Aided by normal monthly distribution to each Councilman of all
reports to the Chief of Police and of all advisory opinions of the
Mayor hereinbefore provided for, the Borough Council and its appropriate
committee shall oversee and review the continuing effectiveness, in
meeting impelling needs, of this chapter.
