Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17

Title 9: PUBLIC PEACE, MORALS AND WELFARE

9.04 Offenses Against Public Peace and Decency
9.08 Property Offenses
9.12 Offenses by or Against Minors
9.16 Weapons
9.20 Yard Sales

Chapter 9.04: OFFENSES AGAINST PUBLIC PEACE AND DECENCY

9.04.010 Disturbing the peace.

It is unlawful for any person to willfully obstruct or hinder the free passage of persons passing along or by any public way of the town or to willfully disturb any neighborhood in the town by loud and unseemly noises or to indecently expose his or her person on or about any public place or to use obscene language on or about any public place within the hearing of persons on or about such public place. (Ord. 81-2 § 2: prior code Art. VIII § 2)

9.04.020 Intoxicating beverages— Prohibited in public parks, public ways and streets.

It is unlawful for any person to possess or consume any intoxicating beverage in or on any of the public parks, ways or streets of the town. For the purposes of this chapter, "intoxicating beverage" means alcohol, brandy, whiskey, rum, gin, cordial, beer, ale, port, stout, wines, cider and any other spirituous, vinous, malt or fermented liquor, liquid or compound, by whatever name called, containing one-half of one per centum or more of alcohol by volume which is fit for beverage purposes. (Ord. 81-2 § 3: prior code Art. VIII § 3)

9.04.030 Same—Possession of alcoholic beverages in certain places.

It is unlawful for any person to possess in an opened container an intoxicating beverage on any of the streets or ways of the town or on the parking lots of private property that is used by the public unless authorized by the owner. (Ord. 81-2 § 4: prior code Art. VIII § 4)

9.04.040 Fortunetelling.

It is unlawful for any person to demand or accept any remuneration or gratuity for forecasting or foretelling or for pretending to forecast or foretell the future of another by cards, palm reading or any other scheme, practice or device. (Ord. 81-2 § 5: prior code Art. VIII § 5)

9.04.050 Resisting an officer.

It is unlawful for any person to obstruct, oppose or endeavor to prevent (with or without actual force) a peace officer in the execution of a writ or in the lawful discharge of his duty while making an arrest or otherwise enforcing the peace. (Ord. 81-2 § 11: prior code Art. VIII § 11)

9.04.060 Spitting in public places.

It is unlawful for any person to expectorate or spit in or upon any paved sidewalk or footpath of any public street or public square in the town or in or upon any part of any public building under the control of the town or upon the floor, platform or steps of any public vehicle carrying passengers for hire or upon the floor of any depot, station, or other common carrier, or upon the floor or steps of any theater, store, factory or any building which is used in common by the public, or upon the floor of any hall or office, in any hotel or lodginghouse which is used in common by the guests thereof. (Ord. 81-2 § 12: prior code Art. VIII § 12)

Chapter 9.08: PROPERTY OFFENSES

9.08.010 Destroying, injuring, etc., property of another.

It is unlawful for any person to intentionally destroy, injure, deface or molest any real or personal property of another. (Ord. 81-2 § 6: prior code Art. VIII § 6)

9.08.020 Injuring or removing public property.

It is unlawful for any person to intentionally injure or remove any real or personal public property. (Ord. 81-2 § 7: prior code Art. VIII § 7)

9.08.030 Refusing to leave public buildings or grounds upon request.

It is unlawful for any person to refuse or fail to leave a public building or grounds upon being requested to do so by a regularly employed guard, watchman or other authorized employee of the public agency or institution owning, operating or maintaining the building or property, if the surrounding circumstances are such as to indicate to a reasonable man that such person has no apparent lawful business to pursue at such place. (Ord. 81-2 § 8: prior code Art. VIII § 8)

9.08.040 Trespass on posted property.

It is unlawful for any person to enter or trespass or any property which is posted against trespassers in a conspicuous manner. (Ord. 81-2 § 9: prior code Art. VIII § 9)

9.08.050 Destroying, etc., tombs, trees, etc., in cemeteries.

It is unlawful for any person to wilfully destroy, mutilate, deface, injure or remove any tomb, monument, gravestone, or other structure placed in any cemetery, or any building, wall, fence, railing or other work, for the use, protection or ornamentation of any public or private cemetery or to wilfully destroy, cut, break, or remove any tree, plant or shrub within its limits. (Ord. 81-2 § 10: prior code Art. VIII § 10)

9.08.070 Temporary taking of vehicles.

Any person who drives a vehicle, not his own, without the consent of the owner thereof, and with intent temporarily to deprive such owner of his possession of such vehicle, without intent to steal the same, is guilty of a misdemeanor. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owner's consent on a previous occasion to the taking or driving of such vehicle by the same or a different person. Any person who assists in, or is a party or accessory to or an accomplice in any such unauthorized taking or driving, is guilty of a misdemeanor. (Prior code Art. VII § 6)

9.08.080 Damaging, tampering with, etc., vehicles.

1. Any person who either individually or in association with one or more persons wilfully damages or tampers with any vehicle without the consent of the owner, or hurls stones or other missiles at the same, or at the occupants thereof, is guilty of a misdemeanor.
    
2. Any person who with intent to commit any malicious mischief, damage or injury, or other crime climbs into or upon a vehicle whether it is in motion or at rest or with like intent attempts to manipulate any of the levers, starting mechanisms, brakes, or other mechanism or device of a vehicle while the same is at rest and unattended is guilty of a misdemeanor. (Prior code Art. VII § 13)

Chapter 9.12: OFFENSES BY OR AGAINST MINORS 

9.12.010 Minor misrepresenting age to obtain liquor.

It is unlawful for any person under the age of twenty-one (21) years to knowingly and wilfully make any misrepresentation or false statement as to his or her age, and by reason of such misrepresentation or false statement obtain any intoxicating beverages from any other person licensed to sell them. (Ord. 95-18 § 1 (part): Ord. 81-2 § 20: prior code Art. VIII § 20)

9.12.020 Obtaining liquor for person by misrepresenting age.

It is unlawful for any person to knowingly, wilfully or falsely represent to any licensed person or persons engaged in the sale of intoxicating beverages, the false age of any person for the purpose of inducing such person or persons engaged in the sale of intoxicating beverages to illegally sell or furnish intoxicating beverages to any person. (Ord. 81-2 § 21: prior code Art. VIII § 21)

9.12.030 Possession of intoxicating beverages.

It is unlawful for any person under the age of twenty-one (21) years to have in his or her possession, or under his or her charge or control, any intoxicating beverage. (Ord. 95-18 § 1 (part): Ord. 81-2 § 22: prior code Art. VIII § 22)

9.12.040 Juvenile curfew.

1. Definitions. For the purposes of this section the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.

• "Emergency" means an unforseen combination of circumstances or the resulting state but is not limited to a fire, natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
• "Establishment" means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
• "Juvenile" or "minor" means any unemancipated person under the age of eighteen (18) or in equivalent phrasing often herein employed, any person who has not reached his/her eighteenth birthday.
• "Operator" means any individual, firm, association, partnership, corporation or legal entity operating, maintaining, managing or conducting any establishment. The term includes the members or partners of an association or partnership or legal entities and the officers of a corporation, and includes all employees, agents, representatives or servants of the legal entity.
• "Parent" means any person having legal custody of a juvenile:

1. As a natural or adoptive parent;
2. As a legal guardian;
3. As a person who stands in loco parentis; or
4. As a person to whom legal custody has been given by court order.

• "Police department" is defined as a member of such law enforcement agency.
• "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, roads, alleys, parks, common areas of schools, shopping areas, parking lots, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades, and similar areas that are open to the use of the public.
• "Remain" means to stay behind, to tarry, or linger or fail to leave the premises when requested to do so by a police officer or other person in control of the premises or establishment.
• "Resident deputy" is defined as the individual designated by the mayor and council as the law officer.
• "Time" referred to herein is based upon the prevailing standard of time, whether Eastern Standard Time or Daylight Savings Time, generally observed at that hour by the public in the town, prima facie the time then observed in the town office and police station.
• "Town" is the town of Emmitsburg, Maryland.

2. Prohibited Conduct. It is unlawful unless otherwise provided herein, for any person under the age of eighteen (18) to be or remain in or upon a public place within the town during any day or days of the week between the hours of eleven p.m. and six a.m. the following day.
    
3. Exceptions. The following shall constitute valid exceptions and defenses to the operation of this section:

1. When a juvenile is accompanied by a parent or legal guardian of such juvenile;
2. When the juvenile is on an errand as directed by his or her parent or legal guardian, without any detour or stop;
3. When a juvenile is returning home by a direct route (without any unnecessary detour or stop) from a cultural, religious, scholastic, athletic, or recreational activity supervised by a bona fide organization;
4. When the juvenile is legally employed and such employment can be readily verified by the parent and employer;
5. When the juvenile is, with parental consent, engaged in normal interstate travel through the town or originating or terminating in the town, either by motor vehicle or otherwise;
6. When the juvenile is married;
7. In the case of an operator of an establishment, when the owner, operator, agents or employee(s) has notified the police that a juvenile was present on the premises of the establishment during curfew hours and refused to leave.

4. Parent Responsibility. It is unlawful for a parent or guardian having legal custody of a juvenile knowingly to permit or by inefficient control to allow the juvenile to remain in any town public place under circumstances not constituting an exception to, or otherwise beyond the scope of this section. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent's legal custody. This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile.
    
5. Operator Responsibility. It is unlawful for any operator, agent, employee or servant of an establishment to knowingly permit a juvenile to remain at the establishment under circumstances not constituting an exception to, or otherwise beyond the scope of this section. The term "knowingly" includes knowledge that an operator should reasonably be expected to have concerning the patrons of the establishment. The standard for knowingly shall be applied through an objective test: whether a reasonable person in the operator's position should have known that the patron was a juvenile in violation of this section.
    
6. Enforcement.

1. If a police officer finds that a juvenile in a public place is in violation of the section, the officer shall notify the juvenile that he/she is in violation of the section and shall require and obtain from the juvenile his/her name, address, telephone number, date of birth, and age, and the name, address and home telephone number of the juvenile's parent or legal guardian. Any other information that may be required or necessitated shall be obtained in determining how to contact his/her parent or guardian. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate, the resident deputy shall, in the first instance of violation of the section, use his/her best judgment in determining age.
    
2. The law enforcement officer shall issue a verbal warning that the juvenile is in violation of the section and order the juvenile to go promptly home or require the parent or legal guardian, if available, to pick up the juvenile. The resident deputy shall send the parents or legal guardian of the juvenile written notice of the violation.
    
3. In the case of the first violation of the section by a juvenile, the resident deputy shall by certified mail send to a parent or legal guardian written notice of the violation with a warning that any subsequent violation will result in full enforcement of this section, including enforcement of parental responsibility and of applicable penalties.
    
4. For the first violation of the section by an operator of an establishment who permits a juvenile to remain on the premises, the resident deputy shall issue a written notice of the violation with a warning that any subsequent violation will result in full enforcement of the section, including enforcement of operator responsibility and of applicable penalties.

7. Penalties.

1. Any juvenile who shall violate any of the provisions of this section more than one time, may be charged with having committed a misdemeanor and be referred to the local office of the State Department of Juvenile Services in accordance with Maryland Law.
    
2. If, after the warning notice pursuant to subsection (F)(3) of this section of a first violation by a juvenile, a parent violates subsection (D) of this section (in connection with a second violation by the juvenile), this shall be treated as a first offense by the parent. For each offense by a parent, said violation shall be considered a misdemeanor, and shall be punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days or both.
    
3. If, after the warning notice pursuant to subsection (F)(4) of this section of a violation of the section, an operator of an establishment violates subsection (E) of this section a second time, this shall be treated as a first offense by the operator. For each offense by an operator of an establishment, said violation shall be considered a misdemeanor, and shall be punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days or both. (Ord. 95-17 § 1: prior code Art. VIII § 23) 

Chapter 9.16: WEAPONS

9.16.010 Discharge within town.

It is unlawful for any person to fire, discharge or set off any firearm or dangerous weapon of any character within the town provided, that this section shall not apply to members of any military company when engaged in drilling or target practice under the command or direction of an officer thereof, or to the use of firearms in the lawful defense of person or property, or to the use of firearms by members of the police department in the lawful discharge of their duty, or to any person lawfully engaged in hunting or in a hunt, as defined in natural resources article, section 10-101, annotated code of Maryland (as may be amended from time to time), on private property subject to the following: The private property shall consist of at least fifty (50) acres, either: as one parcel or lot, or as more than one parcel or lot joined together if the several parcels are contiguous and adjoining to each other and are titled in the same ownership; and there are no occupied or unoccupied residential dwelling units located on any portion of the private property.  (Ord. 81-2 § 13: prior code Art. VIII § 13)

9.16.020 Carrying or wearing weapon.

It is unlawful for any person to carry on his or her person any dirk knife, bowie knife, switchblade knife, sandclub, metal knuckles, razor or any other dangerous or deadly weapon of any kind (handguns excepted). (Ord. 81-2 § 18: prior code Art. VIII § 18)

9.16.030 Wearing, carrying or transporting handgun.

It is unlawful for any person to wear, carry or knowingly transport any handgun. (Ord. 81-2 § 19: prior code Art. VIII § 19)

Chapter 9.20: YARD SALES

9.20.010 Number limited.

It is unlawful for any person, organization, association, club, business or other entity to have in excess of four yard sales, as herein defined, per calendar year without first obtaining any and all necessary zoning permits and/ or licenses to conduct a commercial business and thereby permit such excess use. (Ord. 95-10 § 1 (part): prior code Art. VIII § 15 (part))

9.20.020 Definitions.

As used in this chapter: Yard sale" includes any sale, conducted on private property, of any personal property items or merchandise, which sales shall include, but not be limited to, yard sales, garage sales, basement sales, or any other such sales conducted on private property. (Ord. 95-10 § 1 (part): prior code Art. VIII § 15 (part))

9.20.030 Hours of operation.

Yard sales may be conducted only at times between the hours of eight a.m. and six p.m. A yard sale shall be limited to no more than three consecutive days. Any yard sale continuing in excess of three days, and/or any yard sale conducted on nonconsecutive days shall be considered as a separate yard sale for purposes of this chapter. (Ord. 95-10 § 1 (part): prior code Art. VIII § 15 (part))

9.20.040 Property owner responsibilities.

1. It shall be the responsibility of the property owner to ensure that all town rights-of-way, streets, curbs and sidewalks remain free and clear of any obstruction at all times.
    
2. It shall be the responsibility of the property owner, tenant, occupant, or whoever is conducting the yard sale to ensure that all property items and merchandise for such yard sales be properly removed and stored out of sight of any town right-of-way, except during said hours on the same day of the yard sale.
    
3. It shall be the responsibility of the property owner, tenant, occupant, or whoever is conducting the yard sale to obtain a permit from the town's code enforcer at least twenty-four (24) hours before the yard sale is to occur. (Ord. 95-10 § 1 (part): prior code Art. VIII § 15 (part))

9.20.050 Advertising signs.

Any signs posted to advertise a yard sale shall not obstruct, impede, and/or impair the sight distance, or otherwise create any potential traffic impediment or danger in any public street, sidewalk or right-of-way. No sign may be posted more than two days before such yard sale, and all signs must be removed by eight p.m. on the last day of the yard sale. It shall be the responsibility of the property owner, tenant, occupant, or whoever is conducting the yard sale to ensure that all such signage is removed. No sign may be posted or attached to town property to include, for example, but not be limited to, street sign, poles, posts, buildings or other structures. (Ord. 95-10 § 1 (part): prior code Art. VIII § 15 (part))

9.20.060 Violation—Penalty.

Violation of this chapter is declared to be a municipal infraction. The penalty for violation of this chapter shall be a fine not to exceed four hundred dollars ($400.00). (Ord. 95-10 § 1 (part): prior code Art. VIII § 15 (part))

9.04 Offenses Against Public Peace and Decency
9.08 Property Offenses
9.12 Offenses by or Against Minors
9.16 Weapons
9.20 Yard Sales

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17