Queen Annes County, MD Article I Loitering

[Adopted §§ 9-101 through 9-105 of the 1983 Public Local Laws of Queen Anne's County]

§ 13-1 Definitions.

In this article, the following words have the meanings indicated.

LOITER

A. Stand around or remain or to park or remain parked in a motor vehicle at a public place or place open to the public; or

B. Collect, congregate, gather, or to be a member of a group or a crowd of people who are gathered together in any public place or place open to the public.

PLACE OPEN TO THE PUBLIC

A. Any place open to the public or any place to which the public is invited; or

B. Any place in, on, or around any privately owned place of business, private parking lot, or private institution, including a place of worship, cemetery, or any place of amusement and entertainment, whether or not a charge of admission or entry thereto is made.

C. Includes the elevator, lobby, halls, corridors, and areas open to the public of any apartment building, office, or store.

PUBLIC PLACE

Any:

A. Public building, or grounds appurtenant to the building;

B. Public parking lot;

C. Public resort, place of amusement, park, or playground;

D. Public street, road, or highway, alley, lane, sidewalk, crosswalk, or other public way;

E. School building or school grounds; or

F. Vacant lot.

§ 13-2 Scope.

The provisions of this article do not prohibit orderly picketing or other lawful assembly.

§ 13-3 Loitering prohibited.

A person may not loiter at, on, or in a public place or place open to the public in a manner as to:

A. Interfere, impede, or hinder the free passage of pedestrian or vehicular traffic;

B. Interfere with, obstruct, harass, curse, or threaten, or to do physical harm to, another member of the public.

C. Make it clear by words, acts, or other conduct that there is a reasonable likelihood a breach of the peace or disorderly conduct will result.

§ 13-4 Failure to obey police order.

A person loitering at a public place or place open to the public may not fail to move on at the direction of a uniformed police officer or of a police officer who is not in uniform but who provides proper identification if the failure to move endangers the public peace.

§ 13-5 Identification on request.

A person at a public place or place open to the public may not refuse to provide the person's name and address at the request of a uniformed police officer or of a police officer who is not in uniform but who provides proper identification, if the surrounding circumstances would indicate to a reasonable man that the public safety requires the identification.

§ 13-6 Enforcement.

A. Required warning. A person may not be charged with a violation of any provision of this article unless the arresting officer first warns the person of the violation and the person fails or refuses to stop the violation.

B. Alternative to arrest.

(1) A police officer who witnesses a violation of any provision of this article, as an alternative to making an arrest, may issue to the violator a notice of violation.

(2) The notice of violation shall:

(a) Specify the violation with which the violator is charged; and

(b) Set forth the hour, date, and location that the violator is summoned to appear before the District Court.

§ 13-7 Violations and penalties.

A person who violates any provision of this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 10 days, or both.