Part 4
Loitering and Trespassing

§6-401 Definitions.

Unless the context specifically and clearly indicates otherwise, the meanings of the terms used in this Part shall be as follows:

Borough–the Borough of Selinsgrove, Snyder County, Pennsylvania.

Borough Council–the duly elected Council of the Borough.

Park–an area of land devoted to active or passive recreation that is owned, leased or maintained by the Borough and whose use by the public is regulated or controlled by the Borough Council.

Person–any natural individual.

(Ord. 672, 12/7/1998, §3)

§6-402 Park Hours.

Unless otherwise provided by the Borough Council or the Borough Manager, parks shall be open to the public each day from sunrise until sunset and shall otherwise be closed.

(Ord. 672, 12/7/1998, §3)

§6-403 Prohibitions.

1.    It shall be unlawful for any person to loiter or prowl any 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. It shall also be unlawful for any person to loiter in or around a public building, apartment building or place of business or to obstruct corridors, stairways or doorways in any of the aforesaid buildings so as to prevent free access by members of the public, residents or employees of said buildings, and no person shall by his or her presence or by means either alone or in consort with others interfere with or interrupt the conduct of business in any of said buildings.

2.    It shall be unlawful for any person to be in a park after sunset and before sunrise. Any person in a park between sunset and sunrise shall be a trespasser.

(Ord. 672, 12/7/1998, §3)

§6-404 Circumstances Determining Loitering; Action by Police Officer.

1.    Among the circumstances which may be considered in determining whether alarm for the safety of persons or property in the vicinity of those loitering or prowling is warranted is the fact that the actor takes flight upon the appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object.

2.    Unless flight by the person or other circumstance makes it impracticable, a police officer shall, prior to any arrest for any offense under §6-403.1, afford the person an opportunity to dispel any alarm which may otherwise be warranted by requesting him or her to identify himself or herself, explain his or her presence and, if the person is blocking the free ingress and egress in and to a building or upon a sidewalk, to move so as not to constitute an obstruction thereto. No person shall be convicted of an offense under §6-403.1 if the police officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person and, if believed by the police officer at the time, would have dispelled the alarm.

(Ord. 672, 12/7/1998, §3)

§6-405 Violations and Penalties.

Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs together with reasonable attorney fees incurred by the Borough in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 672, 12/7/1998, §3; as amended by Ord. 825, 10/3/2016, §5(B))