[HISTORY: Adopted by the Town Council of the Town of Millville 12-13-2022 by Ord. No.
23-02. Amendments noted where applicable.]
A.
No person
shall loiter or lounge on any street, street corner, pavement, sidewalk,
boardwalk, street crossing, or parking lot in the Town in a manner
that obstructs or prevents the free flow of pedestrian or vehicular
traffic.
B.
No person
shall loiter on any street or in a place open to the public for the
purpose of soliciting another person for an illegal purpose or for
the purpose of engaging or soliciting another person to engage in
sexual intercourse, sexual penetration, sexual contact, or sexual
harassment, sexual extortion, or indecent exposure.
C.
Loitering
includes when:
(1)
The
person fails or refuses to move on when lawfully ordered to do so
by the Code and Building Official, other Town Code Enforcement Officer,
the Delaware State Police, or other police officer; or
(2)
The
person remains or wanders about in a public place for the purpose
of begging; or
(3)
The
person stands or sits idly, whether or not the person is in a vehicle,
or remains in or around a school property while not having reason
or relationship involving custody of or responsibility for a pupil
or any other specific or legitimate reason for being there; or
(4)
The
person congregates with others in a public place at a time or in any
manner not usual for law-abiding individuals under circumstances that
warrant alarm for the safety of persons or property in the vicinity.
D.
Unless flight
of the accused or other circumstances make it impractical, the Town
Code Enforcement Officer or police officer shall, prior to any arrest
for an offense under this section, afford the accused an opportunity
to explain the person's presence and conduct.
A.
Sleeping
in motor vehicles. It shall be unlawful for any person to sleep at
any time in any motor vehicle of any description parked on any highway,
road, public park, parking lot, picnic grounds, or on any other public
or semipublic area in the Town.
B.
Camping
or sleeping out of doors. It shall be unlawful for any person to camp
or sleep at any time on any highway, road, public park, parking lot,
picnic ground, or on any other public or semipublic area in the Town,
or upon the property of any other person without the consent of the
property owner.
C.
It shall
be an affirmative defense under this section for any person, without
the purpose of habitation, to temporarily occupy and use a vehicle
for emergency reasons such as escape from or avoidance of an abusive
person(s) or avoidance of driving a vehicle while under the influence
of alcohol or drugs, even though the person may sleep during the period
of that use. For purposes of this section, ''temporarily occupy" means
a duration of 12 hours or less.
No person shall trespass upon the ways, premises, or lands of
another within the Town or cause another to commit a trespass upon
the ways, premises, or lands of another.
As used in this chapter, the following terms have the following
meanings:
At any time, to establish or maintain outdoors or in any
structure not intended for human habitation a temporary or permanent
place for cooking or sleeping by setting up any bedding, including,
but not limited to, a sleeping bag, blanket, mattress, tent, hammock
or other sleeping equipment or by setting up any cooking equipment
with the intent to use that location for habitation.
Includes, but is not limited to, making preparation to sleep,
including the laying down of bedding for the purposes of sleeping.
Any entry upon the ways, premises, or land of another without
legal authority or justification.
