How Erie Handles Public Conduct: A Practical Guide

Erie maintains 110 local ordinances across all categories, and 6 of those deal specifically with public conduct. Here is a breakdown of what the city actually requires, what is prohibited, and where Erie falls on the strict-to-permissive spectrum compared to other cities.

Skateboarding Rules

Erie bans skateboarding outright in Perry Square Park and the Transitway Mall, and on every other City-owned or City-controlled property unless a City agency specifically authorizes it. A violation is a summary offense carrying up to a $300 fine and 30 days in jail.

Key details: Prohibited zones: Perry Square Park; Transitway Mall. Other City property: Banned unless specifically authorized. Includes: Motorized skateboards. Maximum fine: $300 per offense. Maximum jail: 30 days.

Any violation of Article 735 is a summary offense under Section 735.99, punishable by a fine of not more than $300 and imprisonment for not more than 30 days for each offense. Each day, and each act of skateboarding in a prohibited area, can be charged as a separate offense; officers issue citations on personal observation without needing a prior complaint.

This is one of the stricter rules in Erie's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Loitering Rules

Erie's Article 737 makes it a summary offense to loiter in any public place with the purpose of committing or aiding a drug abuse offense, especially where the person repeatedly beckons passers-by, stops vehicles, or blocks pedestrian traffic. Conviction carries up to a $1,000 fine and up to 90 days in jail.

Key details: Governing article: Article 737, Ord. 29-1993. Required element: Purpose to commit/aid a drug offense. Lookback factor: Prior drug conviction within 3 years. Device factor: Beeper/device within 100 yards of drug site. Maximum fine: $1,000.

Loitering in aid of drug offenses is a summary offense under Section 737.99, punishable upon conviction by a fine of up to $1,000, imprisonment of up to 90 days, or both. Before any citation or arrest, Section 737.04 requires the officer to give the person a chance to explain their presence; a truthful, lawful explanation is a defense at trial.

Compared to other cities, Erie takes a harder line on loitering rules. The enforcement and penalty structure reflects that.

Aggressive Panhandling

Erie's panhandling ordinance doesn't ban solicitation outright, but it bars panhandling that blocks traffic or crosses into an "aggressive manner," defined as following someone more than 25 feet, continuing after a refusal, touching the person, or using profane or threatening language. Fines run up to $600 per violation.

Key details: Ordinance: No. 43-2018, passed 11-21-2018. Prohibited acts: Traffic hindrance; aggressive manner only. Following distance trigger: More than 25 feet. Not covered: Passive sitting/standing with a sign. Maximum fine: $600 plus costs.

Section 743.99 makes each violation a summary offense punishable by a fine of not more than $600 plus costs of prosecution, and imprisonment of up to 30 days if the fine and costs go unpaid. The City may also seek a court injunction to restrain ongoing or repeated violations, independent of the criminal penalty.

Compared to other cities, Erie takes a harder line on aggressive panhandling. The enforcement and penalty structure reflects that.

Outdoor Smoking Restrictions

Every City-owned park, playground and recreation area in Erie is designated a tobacco-free zone under Article 747, banning smoking, e-cigarettes, vaping and all other tobacco products outdoors on that property. Signage marks the zones, and violators face a $100 fine before a Magisterial District Justice.

Key details: Ordinance: No. 77-2019, passed 12-18-2019. Covered areas: All City-owned parks, playgrounds, rec areas. Covered products: Cigarettes, cigars, e-cigarettes, vapes, hookah. Signage: "Young Lungs at Play" postings required. Maximum fine: $100 plus costs.

Section 747.05 makes a violation punishable by a fine of not more than $100 plus costs of prosecution, imposed in a summary proceeding before a Magisterial District Justice with jurisdiction over the offense. The article contains no jail term for a first violation.

Public Alcohol Use

Erie makes it a crime to drink alcohol on any street, sidewalk, park or public place, or in a vehicle that's moving, parked or standing on a public way, and separately bans discarding open containers anywhere in the city outside a trash receptacle. A conviction carries up to $300 and 90 days in jail.

Key details: Governing section: § 704.01 (Consumption in motor vehicle; discarding containers). Fine range: $10 to $300. Jail exposure: Up to 90 days. Covered locations: Streets, sidewalks, parks, public places, vehicles. Adopted: Ord. 54-1977, passed 8-10-1977.

Section 704.99 makes any violation of Article 704 a summary offense punishable by a fine of not less than $10 nor more than $300, plus up to 90 days in jail, for either the public drinking or the open-container disposal violation.

This is one of the stricter rules in Erie's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Public Marijuana Use

Smoking marijuana in any public space in Erie carries a $100 summary fine, and simple possession alone draws a lower $25 fine under the city's 2018 decriminalization ordinance. Police issue a Notice of Violation on the spot or by mail instead of a criminal arrest for these violations.

Key details: Ordinance: Ord. 3-2018, passed 1-17-2018. Simple possession fine: $25 per violation. Public smoking/paraphernalia fine: $100 per violation. Small amount threshold: 30g marijuana or 8g hashish. Enforcement: Notice of Violation, in person or by mail.

A first violation of simple possession under § 714.02(b)(1) draws a $25 fine; smoking in public or holding paraphernalia under (b)(2)/(3) draws $100 per violation. Minors face the same fines, and a parent or guardian who fails to comply after notice is separately liable. Courts can waive the $100 fine for up to nine hours of court-ordered community service, at the judge's discretion, but the underlying citation still stands.

The Bottom Line

Erie is tougher than many cities when it comes to public conduct. Out of the 6 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Erie, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Erie's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.