(a) Whoever violates any provision of this article, except Section 713.02(a)(6) or Section 713.09, shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) and costs of prosecution and/or undergo incarceration for a period of not more than thirty days (30 days).
(Ord. 23-2010. Passed 8-17-10.)
(b) Whoever violates any provision of Section 713.02(a)(6), relating to loitering, shall be sentenced to the following:
(1) On the first conviction thereof, a fine of not less than five hundred dollars ($500.00);
(2) Upon a second conviction thereof, a fine of not less than six hundred dollars ($600.00) and a minimum period of incarceration of not less than thirty days;
(3) Upon a third or subsequent conviction, a fine not less than six hundred dollars ($600.00) and a minimum period of incarceration of not less than ninety days;
(4) Upon any conviction under this article, when the acts composing the offense are committed within a 1,000 foot radius of any school, a minimum fine of not less than six hundred dollars ($600.00) and a period of incarceration of not less than ninety days. For purposes of this subsection, the distance from such school shall be determined by the map attached to original Ordinance 14-1998, noted as Appendix 713.99 (b)(5).
(Ord. 14-98. Passed 10-20-98; Ord. 14-2000. Passed 9-5-00.)
(5) For purposes of this subsection (b), “school” means any public school licensed by the Commonwealth of Pennsylvania and maintained or approved as a charter school by the School District of the City of York and means any private school licensed by the Commonwealth of Pennsylvania maintained by private individuals or religious organizations or corporations. A map locating such public schools and private schools is attached to original Ordinance 14-98, noted as Appendix 713.99(b)(5), and incorporated herein; the map may be amended hereafter by resolution. (Ord. 1-2009. Passed 1-6-09.)
(c) Whoever violates Section 713.09, relating to voiding of human excretion:
(1) Shall be fined a minimum of one hundred dollars ($100.00) or a maximum of three hundred dollars ($300.00) and/or imprisonment not to exceed forty- eight hours and shall pay the costs of prosecution.
(2) May be ordered by the court, in addition to the penalties in subparagraph (1), to perform a minimum of eight hours and a maximum of forty hours of community service.
(3) Those who are under the age of eighteen and found by the court to have violated the provisions of this subsection may be sentenced to perform a minimum of eight hours and a maximum of forty hours of community service in place of paying a fine or serving a term of imprisonment.
(Res. 156-2005. Passed 11-15-05.)