[Amended 2-10-2003 by Ord. No. 696; 9-14-2009 by Ord. No. 808; 4-23-2012 by Ord. No. 832]
A.
The term "disorderly conduct" shall mean:
(1)
Violent or rowdy behavior that endangers the life, limb, health or
property of another or puts another person in reasonable fear of such
injury to his or her person or property.
(2)
Acts of violence, angry threats and/or abusive conduct that deters
or is intended to deter another person from engaging in lawful conduct
or pursuit of a lawful occupation.
(3)
Actions that cause, provoke or may foreseeably tend to cause or provoke
a fight, brawl or other riotous conduct that endangers the life, limb,
health or property of another.
(4)
Assembling or congregating with another person or persons for the
purpose of causing, provoking or engaging in any fight or brawl.
(5)
Jostling or roughly crowding or pushing any person in any public
place, when such conduct is avoidable in the exercise of due care.
(6)
Frequenting any public place with intent to obtain money from another
by a fraudulent scheme, trick, artifice or device.
(7)
Assembling with another person or persons or in crowds for unlawful
purposes, including but not limited to the intent to engage in gaming,
or to engage in any fraudulent scheme, device or trick to obtain any
valuable thing, or to do bodily harm to another.
(8)
Intentionally breaking jars, bottles or other glass items in or upon
the streets, alleys, sidewalks or other public ways of the City or
upon public property.
(9)
Being present within a dwelling or place of business while gaming
or the illegal sale or possession of alcoholic beverages or unlawful
drugs is conducted, allowed or tolerated.
(10)
Congregating with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refusing to clear such public way when ordered to do so by a law enforcement officer; provided, however, that persons congregating in or on a public way pursuant to a valid permit issued pursuant to Chapter 109 of the City Code shall not be deemed to be loitering.
B.
A person may not engage in disorderly conduct.
C.
A violation of this section shall be a municipal infraction punishable
by a fine of $150.
A.
It shall be unlawful for any person to disturb the peace by:
(1)
Uttering, in a public place, including in or on the premises of any
place of business open to the general public, any lewd or obscene
words or epithets in the presence or hearing of another to whom such
conduct is offensive or unwelcome;
(2)
Shouting or making other vocalizations, projecting amplified sound,
or creating other loud and raucous noise between the hours of 10:00
p.m. and 8:00 a.m. on Saturday or Sunday or on a state or federal
holiday or between the hours of 8:00 p.m. and 7:00 a.m. on other days
that is:
(a)
Audible beyond the property line if generated on private property;
(b)
Audible for a distance of more than 10 feet if generated on
public property.
(c)
Intended to disturb any service in a place of worship or any
public meeting or of the assemblage of people to witness a lawful
public speech or performance.
B.
Noise generated by police, fire, emergency medical, or other governmental
emergency personnel, or public utility workers, and noise generated
by private persons for the purpose of protecting persons or property
from injury or damage shall not be deemed to be disturbing the peace.
A.
It shall be unlawful for any person to consume any alcoholic beverage
as defined in Article 2B, § 1-102(a), of the Annotated Code
of Maryland, or to possess an open receptacle containing any such
alcoholic beverage, upon any of the streets, highways, sidewalks or
public places of the City, or upon any private property without the
consent of the property owner or a tenant of the property owner.
B.
Notwithstanding the provisions of Subsection A of this section, the consumption or possession of alcoholic beverages is permitted pursuant to a valid permit or license issued by the Carroll County Liquor Board:
C.
Any person violating the provisions of this section shall be guilty
of a misdemeanor and, upon conviction thereof, shall be subject to
a fine of not more than $100 or imprisonment for not more than 90
days, or both fine and imprisonment in the discretion of the court.
A.
LOITER
PLACE OPEN TO THE PUBLIC
PUBLIC PLACE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
To stand around or remain, including to remain within a motor
vehicle, or to collect, gather, congregate, or to be a member of a
group or a crowd of people, in any public place or place open to the
public, and to:
Any place to which members of the general public ordinarily
have free access and any place to which members of the general public
are invited, including but not limited to a privately owned place
of business open to the general public; a public parking lot, a private
commercial parking lot; a place of worship, cemetery, or place of
amusement and entertainment, whether or not a charge of admission
or entry thereto is made; and the elevator, lobby, halls, corridors,
and areas open to the public of any store, office, or apartment building.
Any public street, road, or highway, alley, lane, sidewalk,
crosswalk, or other public way, or any public resort, place of amusement,
park, playground, public building or grounds appurtenant thereto,
public parking lot, or any vacant lot.
B.
Prohibited conduct. It shall be unlawful for a person who is loitering
to fail to obey the direction of a uniformed or otherwise properly
identified police officer to cease such conduct or to move on; provided,
however, that nothing herein shall be construed to prohibit orderly
picketing or other lawful assembly, and provided further that a person
shall be deemed to have complied with an order to move on if such
person removes himself or herself to a location:
C.
Penalties. Any person violating Subsection B of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $100 or imprisonment for not more than 90 days, or both fine and imprisonment in the discretion of the court; provided, however, that no person shall be charged with a violation of this section unless and until the charging officer has first warned the person of the violation and the person has failed or refused to stop the violation.
A.
As used in this section, the term "panhandling" means any solicitation,
made in person upon any sidewalk, public place or park in the City,
in which a person requests an immediate donation of money or other
gratuity from another person and includes but is not limited to seeking
donations:
(1)
By vocal appeal or in exchange for observing a musical, singing,
or other street performance; or
(2)
Where the person being solicited receives an item of little or no
monetary value in exchange for a donation, under circumstances where
a reasonable person would understand that the transaction is, in substance,
a donation.
B.
Notwithstanding the provisions of Subsection A of this section, the term "panhandling" shall not include passively standing or sitting, or performing music, singing or engaging in other street performance with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person.
C.
It shall be unlawful to engage in an act of panhandling on any day
after sunset or before sunrise.
D.
It shall be unlawful at all times to engage in an act of panhandling
when either the panhandler or the person being solicited is located:
E.
It shall be unlawful at all times to engage in an act of panhandling
in an aggressive manner, including any of the following actions:
(1)
Touching the solicited person without the solicited person's consent.
(2)
Soliciting a person while such person is standing in line or waiting
to be admitted to a commercial establishment;
(3)
Blocking the path or the vehicle of a person being solicited or the
entrance to any building or vehicle;
(4)
Following behind, ahead or alongside a person who walks away from
the panhandler after being solicited;
(5)
Using profane or abusive language, either during the solicitation
or following a refusal to make a donation, or making any statement,
gesture, or other communication which would cause a reasonable person
to be fearful or feel compelled; or
(6)
Panhandling in a group of two or more persons.
F.
Each act of panhandling prohibited by this section shall constitute
a public nuisance, and each individual solicitation of each individual
person shall constitute a separate violation.
A.
No person shall urinate or defecate in, from or upon any street,
highway, sidewalk, alley, plaza, park, public building, public property,
private parking lot, or in any place open to the public or exposed
to public view. This section shall not apply to urination or defecation
utilizing appropriate fixtures in any rest room or other facility
designed for the sanitary disposal of human waste.
B.
Violation of this section shall be a misdemeanor and shall be punishable
by a fine of $250 or imprisonment for a period not exceeding six months,
or both.
[Added 2-24-2020 by Ord. No. 920]
B.
Prohibited conduct.
(1)
Smoking, vaping, and possessing lighted or ignited nicotine or cannabis
products is prohibited in every place where smoking is prohibited
by state or local law or regulation.
(2)
A business establishment shall not permit any person to engage in
smoking or vaping in or upon its premises in violation of this section.
C.
Exception. Notwithstanding the provisions of Subsection B of this section, smoking, vaping and possessing lighted or ignited tobacco, nicotine or cannabis products are permitted inside a lawfully established vape shop, licensed cannabis dispensary, or other similar business established for the primary purpose of permitting patrons to smoke or vape or to sample smoking or vaping products.
D.
Other laws. Nothing contained in this section shall be construed
to authorize smoking or vaping in violation of any federal or state
law or regulation.
E.
Violations and penalties.
(1)
A person who violates the provisions of this section shall be guilty
of a misdemeanor punishable by a fine of $50.
(2)
Any business establishment that violates the provisions of this section
shall be guilty of a misdemeanor, punishable by a fine of $100 for
a first violation; $200 for a second violation within any twelve-month
period; and $500 for each additional violation within any twelve-month
period.
(3)
An addition to the penalties provided in Subsection E(2) of this section, multiple violations of this section by a business establishment are declared to be a public nuisance, which may be abated by the City by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City may take action to recover the costs of the nuisance abatement.
