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Ordinance Series 2011
Ordinance No. 11-23
An
Ordinance to Amend
Title 9
Of the Code of Emmitsburg
Entitled
Public Peace, Morals and Welfare
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Be It Enacted and Ordained by the
Board of Commissioners of the Town of Emmitsburg,
Maryland that Chapter 9.08.060 of the Emmitsburg
Municipal Code be, and it hereby is, amended as follows:
The amended section of this
regulation reads as follows with new language designated
by being in BOLD CAPITAL LETTERS, and language
being deleted designated by being stricken
through.
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9.08.60 - Loitering.
A. Definitions.
"Adult" means any person eighteen (18) years of age
or older.
"Juvenile" means any person under the age of eighteen
(18).
"Loitering" means remaining idle in essentially one
location and shall include the concepts of spending time
idly, standing around, loafing, or walking about
aimlessly, and shall also include the colloquial
expression "hanging around."
"Public places" includes not only streets, alleys and
sidewalks, but also any place to which the general
public has access and right to resort for business,
entertainment or other lawful purpose. It does not
necessarily mean a place devoted solely to the uses of
the public. It also includes the front or immediate area
of any store, shop, restaurant, tavern or other place of
business and also public grounds, area or parks.
B. Unlawful Activity. It is unlawful for any person
to loiter, loaf, wander, stand or remain idle, either
alone or in consort with others, in a public place in
such a manner as to:
- Create or cause to be created a danger of a breach
of the peace;
- Create or cause to be created any disturbance or
annoyance to the comfort and repose of any person;
- Obstruct any public street or highway, public
sidewalk or any other public place or building by
hindering or impeding, or tending to hinder or impede,
the free and uninterrupted passage of vehicles,
traffic or pedestrians;
- Commit in or upon any public street or highway,
public sidewalk or any other place or building any act
which is an obstruction or interference to the free
and uninterrupted use of property or with any business
lawfully conducted by anyone in or upon or facing or
fronting on any such public street or highway, public
sidewalk or any other public place or building, all of
which prevents the free and uninterrupted ingress and
egress therein, thereon and thereto;
- Obstruct, molest or interfere with any person
lawfully in any public place;
- Solicit or engage in any lewd, lascivious or
illegal act, including prostitution;
- Solicit money or other valuable consideration
without giving consideration in return;
- 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.
C. Violation. Whenever the presence of any person in
any public place is causing any of the conditions
enumerated in subsection (B) of this section, a police
officer or any law enforcement officer shall order that
person to stop causing or committing such conditions and
to move on or disperse. Any person who fails or refuses
to obey such orders after being ordered to do so by a
police officer shall be guilty of a violation of this
section.
D. Penalty. If any person commits an offense as set
forth in this section, said offensePERSON
shall be considered a misdemeanor, and shall be
punishable by a fine not to exceed five hundred dollars
($500.00) and/or imprisonment not to exceed ninety (90)
days FINED UP TO TWO HUNDRED FIFTY
DOLLARS ($250.00) PER OFFENSE.
(Ord. 95-15 § 1: prior code Art. VIII § 7)
Be it Further Resolved, Enacted and Ordained that
this Ordinance shall take effect on the date on which
the Mayor approves the Ordinance after passing by the
Board of Commissioners or on the date on which the Board
of Commissioners pass the Ordinance over the veto of the
Mayor.
Passed this 6th day of December 2011, by a vote
of 5 for, 0 against, 0 absent, and 0 abstain.
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