Ordinance 8: Loitering

ORDINANCE # 8 LOITERING

Be it ordained by the Council of the Town of Townsend, in Council met:

A Person is Guilty of Loitering When:

1.) He fails or refuses to move on when lawfully ordered to do so by any police officer; or

2.) He stands, sits idling or loiters upon any pavement, sidewalk or crosswalk, or stands or sits in a group or congregates with others on any pavement, sidewalk, crosswalk, or doorstep, in any street or way open to the public in this State, so as to obstruct or hinder the free and convenient passage of persons walking, riding, or driving over or along such pavement, walk, street or way, and shall fail to make way, remove or pass after reasonable request from any person; or

3.) He loiters or remains in or about a school building or grounds, not having reason or relationship involving custody of or responsible for a pupil or any other specific or legitimate reason for being there, unless he has written permission from the principal; or

4.) He loiters, remains or wanders about in a public place for the purpose of begging; or

5.) He loiters or prowls in a place at a time or manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Unless flight by the accused or other circumstances make it impracticable, a peace officer shall, prior to any arrest for an offense under this subdivision, afford the accused an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself, and explain his presence and conduct. No person shall be convicted of an offense under this subdivision if the peace officer did not comply with the preceding sentence, or if it appears that the explanation given by the accused was true, and if believed by the peace officer at the time, would have dispelled the alarm.

Loitering this violation and upon conviction by the Alderman of the Town of Townsend, or Justice of the Peace, residing in the County of New Castle, shall be fined for the first offense, not less than ten dollars ($10.00) , nor more than fifty dollars ($50.00) , or be imprisoned more than five (5) days, or both. For each subsequent like offense, the violator shall be fined not less than twenty-five dollars ($25.00) , nor more than one hundred dollars ($100.00), or be imprisoned for not more than ten (10) days, or both.

First Reading: June 13,1978 Second Reading: July 11, 1978 Third Reading: August 8, 1978 Passed by Town Council: September 17, 1985 Signed by Town Council President: Carlene U. Foraker

AMENDMENT TO TOWN ORDINANCE # 8 LOITERING

To amend Town Ordinance # 8, “LOITERING”, by adding the following Subsection (6):

6.) Loiters or remains on the premises even though the premises are private property, if he is not a resident of the premises on which he is loitering or remaining or a guest of a resident, and he continues to loiter and remain after being lawfully ordered to do so by any police officer.

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