[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.]
It shall be unlawful for any person to take
part in any affray or riot within the corporate limits of the City.
It shall be unlawful for any person to commit
an assault or an assault and battery on any other person.
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.
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.
[Amended 11-6-2018 by Ord. No. O-18-23]
A.
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.
B.
Notwithstanding this provision, upon application or upon its own
initiative, the Mayor and Council of the City of Hagerstown may permit
any individual or individuals to be engaged or concerned in a show
or exhibition by ropes, chains or apparatus suspended at a dangerous
elevation, subject to such restrictions and conditions as the Mayor
and Council may impose.
[1]
Editor’s Note: Former § 173-6, Public drunkenness;
disorderly conduct, was repealed 9-30-2014 by Ord. No. O-14-14.
[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.
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.
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]
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.
No person shall deface or mutilate any tombstone
or monument or despoil any evergreen or shrubbery in any graveyard
or cemetery in the City.
[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.
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.
It shall be unlawful for any person to make
an indecent exposure of his person to public view.
It shall be unlawful for any person to profanely
curse or swear or use indecent language in any public place within
the City limits.
It shall be unlawful for any person to use insulting
or abusive language to women in any public place within the City limits.
No person shall fly any kite within the corporate
limits of the City.
It shall be unlawful for any person to be loose
or disorderly within the corporate limits of the City.
[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.
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]
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.
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.
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.
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.
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.
[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.
[Added 9-24-2002 by Ord. No. 2002-26[1]]
A.
AGGRESSIVE SOLICITING
(1)
(2)
(3)
(4)
(5)
PLACE OPEN TO THE GENERAL PUBLIC
SOLICITING
(1)
(2)
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Soliciting which is accompanied by one or more of the following:
In the course of soliciting, touching another
person without that person's consent;
Continuously soliciting from a person or following
the person after the person has made a negative response to prior
solicitations;
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;
Using obscene or abusive language either during
the course of soliciting or immediately following a negative response
to prior solicitation; or
Acting with the intent of intimidating another
person into giving money or another thing of value.
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.
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.
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;
(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; or
(4)
In a public park, garden, playground, or other recreational facility.
[Added 10-23-2018 by Ord.
No. O-18-22]
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.
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.
[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.
[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.
(3)
The sale of goods or services or the solicitation of donations in
exchange for goods or services unless such activity is:
[Added 10-23-2018 by Ord.
No. O-18-21]
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.
[Added 7-23-2013 by Ord. No. O-13-19;[1] amended 9-24-2013 by Ord. No. O-13-30; 10-23-2018 by Ord. No. O-18-20]
Vaping, electronic cigarettes, the ingestion of vaporized or
inhaled aerosol products which are not otherwise prohibited by law,
and/or all tobacco products are 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.
