[Amended 5-10-2021 by Ord. No. 37-2021]
As used in this chapter, certain terms are defined as follows:
AUTOMATED TELLER MACHINE - A device, linked to a financial institution's account records, which is able to carry out transactions, including but not limited to account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
AUTOMATED TELLER MACHINE FACILITY - The area comprised of one or more automatic teller machines and any adjacent space which is made available to banking customers after regular banking hours.
CHECK CASHING BUSINESS - Any entity duly licensed by the Pennsylvania Department of Banking to engage in the business of cashing checks, drafts, or money orders for consideration pursuant to the Check Casher Licensing Act, of February 18, 1998, P.L. 146, as amended, 63 P.S. § 2301 et seq.
FINANCIAL INSTITUTION - Any entity authorized to engage in the business of receiving money for deposit or transmission pursuant to Section 105 of the Pennsylvania Banking Code Act of November 30, 1965, P.L. 847, as amended, 7 P.S. § 105.
LOITERING -
A. To stand around or remain or to park or remain parked in a motor vehicle at a public place or place open to the public and to engage in any conduct prohibited under this law; or
B. To collect, gather, congregate, or to be a member of a group or a crowd of people who are gathered together in any public place or place open to the public and to engage in any conduct prohibited under this law.
OBSTRUCTING HIGHWAYS AND OTHER PUBLIC PASSAGES.
A. Obstructing. A person, who, having no legal privilege to do so, intentionally or recklessly obstructs any highway, railroad track or public utility right-of-way, sidewalk, navigable waters, other public passage, whether alone or with others, commits a summary offense, or, in case he persists after warning by a law officer, a misdemeanor of the third degree. No person shall be deemed guilty of an offense under this subsection solely because of a gathering of persons to hear him speak or otherwise communicate, or solely because of being a member of such a gathering.
B. Refusal to move on.
(1) A person in a gathering commits a summary offense if he refuses to obey a reasonable official request or order to move:
(a) To prevent obstruction of a highway or other public passage; or
(b) To maintain public safety by dispersing those gathered in dangerous proximity to a fire or other hazard.
(2) An order to move, addressed to a person whose speech or other lawful behavior attracts an obstructing audience, shall not be deemed reasonable if the obstruction can be readily remedied by police control of the size or location of the gathering.
(3) Definition of obstructs. As used in this section the word "obstructs" means renders impassable without unreasonable inconvenience or hazard.
OUTDOOR CAFE - A use characterized by outdoor table service of food or beverages prepared for service in a structure located adjacent, attached or in close proximity thereto for consumption on the premises.
PANHANDLING IN AN AGGRESSIVE MANNER -
A. Following behind, ahead or alongside a person for more than 25 feet either before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another or damage to or loss of property or otherwise be intimidated into giving money or other thing of value;
B. Continuing to solicit from a person after that person has given a negative response to such soliciting or walked away from the solicitor;
C. Intentionally touching or causing physical contact with the solicited person without such person's consent;
D. Intentionally blocking or interfering with the safe or free passage of a person or vehicle being solicited by any means, including unreasonably causing a person or vehicle operator to take evasive action to avoid physical contact;
E. Using profane or abusive language or speaking in an unreasonably loud volume, either during the solicitation or following a refusal to make a donation, or making any statement or gestures toward a solicited person which would cause a reasonable person to be fearful or feel compelled; or
F. Soliciting from a person while that person is waiting in line for entry to a building or for another purpose.
PANHANDLING, SOLICITING and BEGGING - "Panhandling," "soliciting" and "begging" shall be used interchangeably in this chapter and shall mean asking a person for an immediate donation of money or objects of value, with the intention that the money or object be transferred at that time and at that place, for charity or personal gain that is not authorized. "Panhandling" shall include, but not be limited to, using the spoken, written or printed word, bodily gestures, or signs, with the purpose of obtaining an immediate donation of money or other thing of value. "Panhandling" shall also include exchanges in which the person being solicited asked receives an item or thing of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation. Panhandling does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person. Music, singing or other street performances are exempted.
PLACE OPEN TO THE PUBLIC.
A. "Place open to the public" means any place open to the public or any place to which the public is invited and in, on, or around any privately owned place of business, private parking lot, or private institution, including places of worship, cemetery, or any place of amusement and entertainment, whether or not a charge of admission or entry thereto is made.
B. It includes the elevator, lobby, halls, corridors, streets and highways, and areas open to the public at any store, office, or apartment building.
PUBLIC PLACE - A place to which the public or a substantial group of persons has access, including but not limited to any street, highway, sidewalk, parking facility, plaza, transportation facility, school, place of worship, cemetery, place or amusement, park or playground, and any doorway, entrance, hallway, lobby or other portion of any business establishment, apartment house or hotel not constituting a room or apartment designed for actual residence.
PUBLIC TOILET - Any "porta potty" located on public property or any rest room facilities located within any public park or swimming pool which are intended for use by the general public.
PUBLIC TRANSPORTATION VEHICLE - Any vehicle, including a trailer bus, designed, used or maintained for carrying 10 or more persons, including the driver, or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire.
SIDEWALK CAFE - A use located on a public sidewalk which is located adjacent to a full service restaurant where food and beverages are prepared, served and sold and are delivered for consumption on the sidewalk. It is characterized by the presence of tables and chairs and may be shaded by canopies, awnings or umbrellas. It shall also include the public right-of-way connecting the main restaurant to the sidewalk cafe.