[HISTORY: Adopted by the Mayor and Council of the Town of Smithsburg 9-7-2010 (Ch. 14, Title 6, of the 2004 Code). Amendments noted where applicable.]
Curfew — See Ch. 160.
As used in this chapter, the following terms shall have the meanings indicated:
- CALENDAR YEAR
- Twelve consecutive months after the date of the event or occurrence which is the beginning date or day of the period of the twelve-calendar-month period.
- Remaining idle in essentially one general location and includes the concepts of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around; and also includes the colloquial expression "hanging around."
- PUBLIC PLACE
- Any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. The term shall also include the front of or any area immediately adjacent to any store, shop, restaurant, tavern or other place of business, as well as public grounds, areas or parks.
It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle, either alone and/or in consort with others, in a public place in such manner as to:
Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or actions tending to hinder or impede the free and unobstructed passage of vehicles, traffic or pedestrians, including, but not limited to, passage to public or nonpublic property.
Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in, upon, facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, or which reasonably tends to inhibit and/or prevent the free and uninterrupted ingress, egress and regress therein, thereon or thereto.
When any person causes or commits any of the conditions enumerated in Subsection A herein, a police officer or any law enforcement officer may order that person to stop causing or committing such conditions and to move on or disperse. Any person who is so directed who fails to obey such orders shall be in violation of this section.
Any person who causes or commits any of the conditions enumerated in Subsection A herein and who fails to move on or disperse when ordered by a police officer or any law enforcement officer to stop causing or committing such conditions and to move on or disperse is in violation of this section. A person so in violation of this section may be subjected to the penalties provided for an infraction and to any criminal charges provided by applicable law.
For the first violation by any person in a calendar year, the police officer or other law enforcement officer may issue that person a warning notice or letter at any time within 10 days of the date of the violation or date of identification of the person, whichever last occurs. A copy of that notice shall be issued to the parent or guardian of any minor in violation, if the identity of that person is known.
For any violation of § 246-2 within one calendar year after issuance to that person of a warning notice or letter, that violation shall be subject to penalty as a civil violation or infraction pursuant to the Town Code. The penalty shall be enforced against the person committing the violation or, if that person is an unemancipated minor, against the parent or guardian of that minor.
For the first offense subject to penalty, the amount of the fine for the civil violation or infraction shall be $50. For a second offense within a calendar year of the first offense subject to penalty, the fine shall be $100. For a third or subsequent offense within a calendar year of the first offense subject to penalty, the fine shall $250.