Millcreek, PA Public Conduct: Loitering Rules (2026)

The Millcreek Township rule is narrow and turns on three terms the code defines for itself in § 40-1. LOITER means "Dilatory, slow in movement, lingers or stand around." PROWL means "Appears to be searching, using stealth, being quiet, being secretive." MALICIOUS means "Done willfully, intentionally and without legal justification, cause or excuse." Because § 40-2 prohibits only malicious prowling or malicious loitering, standing around without that willful, unjustified intent is not what the ordinance reaches.

Section 40-2 also limits where the conduct counts. It must occur in, around or near, on the property of another, and without the consent of the owner, any equipment, excavation, or building. The section carves out a dwelling house and any other place used wholly or partly for living or dwelling purposes, so those places fall outside this article. The practical targets are construction equipment, open excavations, and non-residential buildings such as commercial or industrial structures.

The article dates to Ordinance No. 66-13, adopted 10-10-1966 by the Board of Supervisors. The penalty section, § 40-3, was amended 8-28-2007 by Ord. No. 2007-6 and says any person who commits any act prohibited by the article violates it. Enforcement runs through Chapter 48, Enforcement and Collection Activities. Section 48-3A directs the Millcreek Township Police Department to investigate alleged violations and enforce the Township ordinances on malicious loitering and prowling, among other subjects. Section 48-2D lists Ord. No. 66-13, Malicious Loitering and Prowling, among the Township ordinances that the Ordinance Enforcement Ordinance leaves to be enforced under Pennsylvania law as criminal proceedings. Section 48-4 has the Board of Supervisors designate the code enforcement personnel who investigate violations.