City of Hagerstown, MD Chapter 142 Loitering

[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown 9-26-1995 by Ord. No. 1995-32[1]. Amendments noted where applicable.]

GENERAL REFERENCES

Curfew for minors — See Ch. 79.

Loitering around entertainment clubs — See Ch. 92.

Peace and good order — See Ch. 173.

[1] Editor's Note: This ordinance also repealed former Ch. 142, Loitering, adopted 8-20-1968.

§ 142-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADULT

Any person 18 years of age or older.

JUVENILE

Any person under the age of 18.

LOITERING

Remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or wailing about aimlessly, and shall also include the colloquial expression "hanging around."

PUBLIC PLACES

Include not only streets, alleys and sidewalks, but those establishments generally open for the public convenience and use.

§ 142-2 Unlawful activity.

It shall be unlawful for any person to loiter in a public place in such a manner as to:

A. Create or cause to be created a danger of a breach of the peace.

B. Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.

C. Obstruct the free passage of pedestrians or vehicles.

D. Obstruct, molest or interfere with any person lawfully in any public place.

E. Solicit or engage in any lewd, lascivious or illegal act, including prostitution.

F. (Reserved)[1]

[1] Editor's Note: Former Subsection F, concerning soliciting money or other valuable consideration, was repealed 2-4-2004 by Ord. No. 2004-3.

G. Making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to or in whose hearing they are made.

§ 142-2.1 Unlawful activity within 50 feet of establishment selling alcoholic beverages.

[Added 1-4-2000 by Ord. No. 2000-1]

A. It shall be unlawful for any person or persons who are standing or loitering within 50 feet of a Class A, B, C or D retail establishment which sells alcoholic beverages to obstruct free passage on or along the street or sidewalk, or to disobey a request by a police officer to move on.

B. The fifty-foot distance mentioned in this section is to be measured in any direction from the center of the main entrance, or any other entrance used by the public, of the retail establishment.

C. Nothing contained in this section is intended to prevent property owners, their tenants, or the guests thereof, from sitting on the front steps or standing on the sidewalk in front of their property, regardless of whether or not the property is within the fifty-foot distance.

§ 142-3 Enforcement.

[Amended 2-4-2004 by Ord. No. 2004-3]

Whenever the presence of any person in any public place is causing any of the conditions enumerated in § 142-2 or 142-2.1, any police officer may order that person or persons to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter.

§ 142-4 Violations and penalties.

If any person commits an offense as set forth in this chapter, said offense shall be considered a misdemeanor and shall be punishable by a fine not to exceed $500 and/or imprisonment not to exceed 90 days.