City of Hagerstown, MD
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown as Ch. 34, §§ 34-1 -- 34-3, 34-6 -- 34-17, 34-20 -- 34-23, 34-26, 34-28, 34-30 -- 34-36 and 34-41, of the 1967 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Civil emergency — See Ch. 76.
Curfew for juveniles — See Ch. 79.
Entertainment clubs — See Ch. 92.
Loitering — See Ch. 142.
Massage establishments — See Ch. 147.
Noise — See Ch. 155.
Vendors, peddlers and transient dealers — See Ch. 176.

§ 173-1 Affrays; riots.

It shall be unlawful for any person to take part in any affray or riot within the corporate limits of the City.

§ 173-2 Assault and battery.

It shall be unlawful for any person to commit an assault or an assault and battery on any other person.

§ 173-3 Disorderly houses; houses of ill fame.

It shall be unlawful for any person to keep, authorize or permit to be kept any bawdy house, house of ill fame or disorderly house within the City.

§ 173-4 Public dances.

No person shall hold or conduct a public dance within the corporate limits of the City without first obtaining a permit, in writing, to do so from the Chief of Police of the City stating the time and place at which such dance is to be held, and it shall be unlawful to continue and conduct such dance after the hour set forth in the permit, and the Chief of Police may refuse to issue such a permit if, in his judgment, the holding of such a dance would be an annoyance to the neighborhood in which it is being held.

§ 173-5 Public exhibitions at dangerous elevations.

It shall be unlawful for any person within the corporate limits of the City to be in any manner engaged or concerned in any show or public exhibition by ropes, chains or apparatus suspended at a dangerous elevation above the ground upon any street, alley or square or above a stage or floor if within any building.

§ 173-6 (Reserved) [1]

[1]
Editor’s Note: Former § 173-6, Public drunkenness; disorderly conduct, was repealed 9-30-2014 by Ord. No. O-14-14.

§ 173-6.1 Open container.

[Added 1-29-2002 by Ord. No. 2002-1]
A. 
It shall be unlawful to possess in an open container an alcoholic beverage, as defined in the Annotated Code of Maryland, Article 2B, § 1-102(a)(2), as amended from time to time, on any of the streets, lanes, alleys, sidewalks, parking lots or public ways of the City. Any person who shall violate this section shall be deemed guilty of a municipal infraction, and upon conviction thereof, shall be subject to a fine of not more than $250. Any person issued a citation alleging a violation of this section may elect to pay a preset fine of $50.
B. 
Notwithstanding this provision, upon application or upon its own initiative, the Mayor and Council of the City of Hagerstown may permit the possession of alcoholic beverages in open containers on the streets, lanes, alleys, sidewalks, parking lots or public ways of the City during special events, subject to such restrictions and conditions as the Mayor and Council may impose.

§ 173-7 Electric poles.

It shall be unlawful for any person to deface, injure or tamper with any of the property, poles, wires, fixtures, lamps, apparatus or appliances belonging to or connected with the electric light plant or system of the City or to deface, injure or tamper with any lamp, lamppost or fixture or to tie or fasten any horse or other animal to any such pole or post.

§ 173-8 Expectoration; violations and penalties.

A. 
It shall be unlawful for any person to expectorate upon the sidewalks, street crossings, doorsteps of buildings, windows or cellar doors, upon the floors of public conveyances or upon the floors or passageways of public buildings or theaters, market houses, churches, railroad stations or any other indoor places resorted to by the public within the corporate limits of the City.
B. 
Each violation of this section shall be considered a separate and distinct violation, and shall be deemed a misdemeanor punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days in the county jail, or both, in the discretion of the court.
[Added 1-30-2001 by Ord. No. 2001-2]

§ 173-9 Gambling.

It shall be unlawful to gamble at cards, or by any other means, device or scheme whatsoever, or to engage in crap shooting or pitching cents.

§ 173-10 Defacing of cemeteries.

No person shall deface or mutilate any tombstone or monument or despoil any evergreen or shrubbery in any graveyard or cemetery in the City.

§ 173-11 Firearms and other weapons.

[Amended 4-16-1968]
A. 
It shall be unlawful for any person to fire, discharge or shoot a gun, firearm, air gun, blowgun, spring gun, gas-operated gun, blowpipe, slingshot, bean shooter or any other contrivance manufactured and calculated to throw, sling or discharge any shot or other missile within the City limits, and it shall be unlawful for any person, other than a law enforcement officer or a duly licensed person, to possess any such weapon upon the streets, alleys or other public ways of the City except while transporting such weapon from the place of purchase to his home or from his home to a point outside the City boundaries and returning.
B. 
It shall be unlawful for any parent or other person standing in loco parentis is to knowingly permit a minor to do any act in violation of the provisions of Subsection A.

§ 173-12 Indecent or blasphemous performances.

It shall be unlawful for any person within the corporate limits of the City to act, exhibit, show or perform or cause to be acted, exhibited, shown or performed or be in any manner concerned in the acting, exhibition, showing or performance of any indecent or blasphemous play, farce, opera, public exhibition, show, entertainment or performance whatsoever or of any indecent or blasphemous part of any play, farce, opera, public exhibition, show, entertainment or performance whatsoever.

§ 173-13 Indecent exposure.

It shall be unlawful for any person to make an indecent exposure of his person to public view.

§ 173-14 Profanity.

It shall be unlawful for any person to profanely curse or swear or use indecent language in any public place within the City limits.

§ 173-15 Improper language to women.

It shall be unlawful for any person to use insulting or abusive language to women in any public place within the City limits.

§ 173-16 Flying of kites.

No person shall fly any kite within the corporate limits of the City.

§ 173-17 Loose or disorderly persons.

It shall be unlawful for any person to be loose or disorderly within the corporate limits of the City.

§ 173-18 Laser beams; violations and penalties. [1]

[Added 10-27-1998 by Ord. No. 1998-48]
It shall be unlawful for any person to focus, point, or shine a laser beam directly or indirectly on any uniformed police officer and/or accompanying canine, or uniformed fire or emergency personnel or uniformed private security guard. Any such person convicted thereof shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment for up to 30 days, or both.
[1]
Editor's Note: Former § 173-18, Curfew for minors; parental responsibility, was repealed 9-26-1995 by Ord. No. 1995-31. See now Ch. 79, Curfew for Minors.

§ 173-19 Urinating in streets; violations and penalties.

A. 
No person shall urinate or commit nuisance in any street, lane or alley of the City.
B. 
Each violation of this section shall be considered a separate and distinct violation, and shall be deemed a misdemeanor punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days in the county jail, or both, in the discretion of the court. Each violation of this section shall be considered a separate and distinct violation, and shall be deemed a misdemeanor punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days in the county jail, or both, in the discretion of the court.
[Added 1-30-2001 by Ord. No. 2001-2]

§ 173-20 Public solicitation of patrons.

It shall be unlawful for any person upon the streets, highways or alleys of the City to solicit or suggest to a person orally or by handbills in, upon or about any automobile or motor vehicle or any vehicle, while such automobile, motor vehicle or vehicle is upon the streets, highways or alleys of the City, to stop at, store in or patronize in any way any garage, automobile storeroom or building, or place or building used for such purposes, or to patronize in any way any automobile or motor accessory equipment or supply shop or store or to patronize in any way hotels, motels, tourist homes or any other place of accommodation.

§ 173-21 Fortune-telling.

It shall be unlawful for any gypsy or other person to engage in the business of fortune-teller, card-reader, palmist, clairvoyant, hypnotist, spiritualist, phrenologist, crystal-gazer, psychoanalyst or any other similar business in the City without first having filed an application for a license to do so on the prescribed form with the City Clerk of the City, giving the name and address of the applicant desiring to so engage in the business as applied for and the street address where the applicant intends to operate such business, and without first having been photographed and fingerprinted by the Police Department of the City; and no license shall be issued until the applicant has provided the City Clerk with the report and recommendation of the record of the applicant by the Chief of Police.

§ 173-22 Fixing materials to utility poles.

It shall be unlawful to affix upon any of the poles required and used for telegraph, telephone, electric light or any other purpose any material whatsoever, whether the same shall be intended for advertisement or otherwise.

§ 173-23 Interference with radio or television receptor.

A. 
It shall be unlawful for any person knowingly or wantonly to operate or cause to be operated any machine, device, apparatus or instrument of any kind whatsoever within the corporate limits of the City between the hours of 12:00 noon and 12:00 midnight, the operation of which shall cause reasonably preventable electrical interference with radio or television reception. X-ray pictures, examinations or treatments may be made at any time if the machine or apparatus used therefor are properly equipped to avoid all unnecessary or reasonable preventable interference with radio or television reception and are not negligently operated.
B. 
This section shall not be held or construed to embrace or cover the regulation of any transmitting, broadcasting or receiving instrument, apparatus or device used or useful in interstate commerce or the operation of which is licensed or authorized by or under the provision of any act of the Congress of the United States.

§ 173-24 Emission of sawdust or shavings.

The emission of sawdust, shavings or wood dust from any stack, blower, vent or contrivance within the corporate limits of the City in such a manner as will result in the deposit of the same on buildings, streets, lots or premises other than on the premises, buildings or lots of the owners of such stacks, blowers, vents or contrivances is hereby declared to be a nuisance and is hereby prohibited.

§ 173-25 Throwing of missiles; violations and penalties.

[Amended 1-30-2001 by Ord. No. 2001-2]
A. 
Any person convicted of throwing any stone, brick or snowball or any other missile within the corporate limits of the City shall be punished as provided in Subsection B hereof.
B. 
Each violation of this section shall be considered a separate and distinct violation, and shall be deemed a misdemeanor punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days in the county jail, or both, in the discretion of the court.

§ 173-26 Soliciting and aggressive soliciting.

[Added 9-24-2002 by Ord. No. 2002-26[1]]
A. 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
AGGRESSIVE SOLICITING
Soliciting which is accompanied by one or more of the following:
(1) 
In the course of soliciting, touching another person without that person's consent;
(2) 
Continuously soliciting from a person or following the person after the person has made a negative response to prior solicitations;
(3) 
Intentionally blocking or interfering with the safe passage of a person or a vehicle by any means including unreasonably causing a person to take evasive action to avoid physical contact;
(4) 
Using obscene or abusive language either during the course of soliciting or immediately following a negative response to prior solicitation; or
(5) 
Acting with the intent of intimidating another person into giving money or another thing of value.
PLACE OPEN TO THE GENERAL PUBLIC
Sidewalks, streets, alleys, driveways, parking lots and garages, parks, plazas, buildings, doorways and entrances to buildings, the grounds enclosing buildings, and/or adjacent parking areas of any shopping center to which the genera; public is invited for business purposes.
(1) 
Any act by which one person requests an immediate donation of money or other thing of value from another or others in person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be oral, written, or by other means of communication.
(2) 
For the purposes of Subsection C(3) herein, soliciting shall also mean any act by which one person distributes or attempts to distribute any material or item to another or others in person.
B. 
Aggressive soliciting in public places prohibited. It is unlawful for any person to engage in aggressive soliciting in any place open to the general public.
C. 
Soliciting in certain ways and places prohibited. It is unlawful for any person to engage in soliciting:
(1) 
Within 10 feet of the entrance to a bank, financial institution or automatic teller machine (ATM);
(2) 
In any public transportation vehicle or at any bus stop; or
(3) 
From any operator or occupant of a motor vehicle that is in traffic on a public street, whether in exchange for a service or otherwise.
D. 
Other soliciting permitted. Soliciting as defined in Subsection A of this section is lawful except as otherwise prohibited herein.
E. 
Penalties. Any person who violates a provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100 or imprisoned for not more than 30 days, or both.
[1]
Editor's Note: This ordinance also repealed former § 173-26, Tramps.

§ 173-27 Pennsylvania Avenue underpass.

It shall be unlawful for any person to loiter in or about the pedestrian underpass under Pennsylvania Avenue at its intersection with Fairview Road in the City or to hinder or obstruct in any manner the free passage of persons passing through the same or to damage or deface in any way the entrances and walls of such underpass or to deposit therein bottles, cans, paper or other rubbish.

§ 173-28 Molotov cocktails.

[Added 8-25-1970]
Any person who shall transport, use or have in his possession or control a container of incendiary or explosive material, liquid, solid or mixture, equipped with a fuse, wick or any other detonating device, of a kind commonly known as a "Molotov cocktail" shall, upon conviction thereof, be guilty of a misdemeanor.

§ 173-29 Parks and playgrounds.

[Added 3-27-2001 by Ord. No. 2001-7; amended 10-23-2001 by Ord. No. 2001-41; 4-26-2005 by Ord. No. O-05-09]
A. 
In order that all citizens may enjoy all parks and playgrounds within the City, the City of Hagerstown declares that the following activities are prohibited on the parks and playgrounds of the City of Hagerstown:
(1) 
The possession and/or consumption of alcoholic beverages on park or playground property. This prohibition does not apply to Municipal Stadium, University Plaza, or Fairgrounds Park, if such activity is specifically authorized by the Mayor and Council in advance. This prohibition does not apply to the Mansion House or the Washington County Museum of Fine Arts located in City Park.
(2) 
Being present on park or playground property other than during the posted hours of operation, unless specifically authorized by the City.
B. 
Any person who violates any of the provisions hereof shall be deemed guilty of a municipal infraction and shall be punished by a fine not to exceed $250. Any person issued a citation alleging a violation of the foregoing regulations may elect to pay a preset fine of $125.

§ 173-30 Smoking in public places.

[Added 7-23-2013 by Ord. No. O-13-19;[1] amended 9-24-2013 by Ord. No. O-13-30]
The smoking of tobacco products is hereby prohibited in the following public places within the City of Hagerstown: University Plaza and all City of Hagerstown parks. This prohibition does not apply to the Municipal Golf Course or Municipal Stadium. Clearly visible signage shall be posted concerning this prohibition. A violation of this section shall be treated as a municipal infraction and subject the person violating the same to a fine of $20 each for the first and second violation and $200 for each subsequent violation.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 173-30 as § 173-31.

§ 173-31 Violations and penalties.

[Added 7-17-1990 by Ord. No. 1990-39]
Unless otherwise provided, any person or persons violating any provision of this chapter shall be punished as provided in Chapter 1, General Provisions, Article II.