Harrisburg, PA Homelessness & Encampment Rules: Sit-Lie Rules (2026)
Key Facts
- Core rule
- § 3-341.2.E bars obstructing a highway or public passage
- Move order
- § 3-341.2.F bars refusing a reasonable order to move
- Intent element
- Intent to cause public inconvenience, annoyance or alarm, or recklessness
- Warning first
- Penalty applies after receiving one warning
- Fine
- $50 to $1,000 plus costs per violation
- Sidewalk objects
- § 3-357.7 bars structures and obstructions on sidewalks
Summary
The City of Harrisburg, Pennsylvania has no section that mentions sitting or lying on sidewalks. Section 3-341.2 prohibits intentionally or recklessly obstructing a highway or public passage, and refusing a reasonable official order to move to prevent obstruction of a sidewalk, when done with intent to cause public inconvenience, annoyance or alarm.
Conduct is prohibited if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, a person: ... E. Having no legal privilege to do so, intentionally or recklessly obstructs any highway or other public passage, whether alone or with others. No person shall be guilty of violating this subsection solely because people have gathered to hear such person speak or otherwise communicate or because such person is a member of such gathering. F. Refuses to obey a reasonable official request or order to move: (1) To prevent obstruction of a highway, sidewalk or other public passage. (2) To maintain public safety by dispersing those gathered in dangerous proximity to a fire or other hazard.
Full Breakdown
The closest provisions in the Codified Ordinances of the City of Harrisburg sit in Chapter 3-341, Disturbing the Peace (Ord. No. 51-1969). Section 3-341.2 prohibits conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, a person commits one of the listed acts. Subsection E covers a person who, having no legal privilege to do so, intentionally or recklessly obstructs any highway or other public passage, alone or with others. Under § 3-341.1, to obstruct is to render impassable without unreasonable inconvenience or hazard, so the test is whether passage is blocked, not whether someone is sitting or lying down. Subsection E adds that no one is guilty solely because people have gathered to hear that person speak or otherwise communicate, or because the person belongs to such a gathering.
Subsection F covers refusal of a reasonable official request or order to move, either to prevent obstruction of a highway, sidewalk or other public passage, or to maintain public safety by dispersing people gathered in dangerous proximity to a fire or other hazard. The order must come from an official and be reasonable, and the first purpose is the one tied to sidewalks.
Section 3-357.7 is a separate rule about objects. It prohibits any permanent or temporary structure, encroachment, advertising sign or obstruction on or over a sidewalk other than those allowed by the Building Code and the Zoning Code. Abutting owners can place temporary obstructions such as tables and display racks if the public can still traverse the sidewalk safely and conveniently, and a permit from the Bureau of Codes Enforcement is needed for sidewalk tables and chairs serving food and beverage. The Codes Administrator can order removal, and the Chief of Police is directed to remove an obstruction that stays.
Chapter 3-339 bars maliciously loitering or prowling in a public place, which includes any sidewalk. It defines loitering as lingering, staying, remaining or waiting at one location, and an officer must first give the person an opportunity to identify himself or herself and explain his or her presence and conduct.
Violations & Fines
Section 3-341.99 applies Chapter 3-399 to violators of Chapter 3-341 after receiving one warning. Each separate violation is a summary offense with a fine of not less than $50 nor more than $1,000 plus costs, or up to 90 days in the Dauphin County prison, or both, plus a $25 neighborhood mitigation penalty. Chapter 3-339 violations carry the same penalty as well as any penalty provided by the Crimes Code.
Frequently Asked Questions
Does Harrisburg have a sit-lie ordinance?
Can a police officer order me to move off a sidewalk in the City of Harrisburg?
Is a group gathering on a sidewalk covered?
Do I get a warning before a penalty applies?
Can a business put tables on a Harrisburg sidewalk?
Sources & Official References
Other rules in Harrisburg
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