[HISTORY: Adopted by the Common Council of the City of Middletown 4-6-1987, as amended through Ord. No. 08-04, adopted 5-3-2004. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- To sit, stand, lie, pace or otherwise remain in essentially the same place, and shall include the colloquial expression “hanging around.”
- PUBLIC PLACE
- Any area that is used or held out for use by the public, whether owned or operated by public or private interests.
No person shall loiter in any public place and:
Create, or cause to be created, a breach of the peace, as that term is defined in the Connecticut General Statutes;
Create, or cause to be created, a public disturbance, as that term is defined in the Connecticut General Statutes;
Commit disorderly conduct, as that term is defined in the Connecticut General Statutes.
Obstruct free passage, as that offense is defined in the Connecticut General Statutes.
Engage in activities which would warrant a reasonable officer to believe that the purpose of the behavior is to engage in a violation of the Connecticut General Statutes regulating dependency-producing drugs.
Engage in activities which would warrant a reasonable officer to believe that such person is engaging in prostitution, patronizing a prostitute, promoting prostitution, or enticing a minor, as those terms are defined in the Connecticut General Statutes.
Whenever any police officer in the exercise of reasonable judgment decides that the presence of any person in any place is causing, or is likely to cause, any of the prohibited acts enumerated in § 192-2, he or she may, if deemed necessary for the preservation of the public peace and safety, order that person(s) to leave that place. Officers shall inform such persons that they will be issued an infraction if they fail to obey the order promptly or engage in further loitering. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of this chapter and shall be subject to a fine not exceeding $90.
Generally. The purpose of this section is to regulate behavior to preserve the public order, to protect the citizens of Middletown and to ensure the safe and uninterrupted passage of both pedestrian and vehicular traffic, without unconstitutionally impinging upon protected speech, expression or conduct.
Definitions. For the purpose of this section, the following terms shall have the meanings indicated:
- (1) Approaching, speaking to, or following a person in a manner as would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person, or upon property in the person’s immediate possession; or
- (2) Touching another person without that person’s consent in the course of asking for alms; or
- (3) Continuing to ask, beg, or solicit alms from a person after the person has made a negative response; or
- (4) Following the person solicited before, after or while asking, begging or soliciting alms; or
- (5) Intentionally blocking or interfering with the safe or free passage of a person or vehicle by any means, including unreasonably causing a person or driver of a vehicle to take evasive action to avoid physical contact; or
- (6) Directing abusive or profane language toward the person solicited, either while asking, begging or soliciting alms, or following a refusal by the person solicited.
- ASK, BEG or SOLICIT ALMS
- Includes the spoken, written, or printed word or such other act conducted for the purpose of obtaining an immediate donation or money or thing of value.
- FALSE OR MISLEADING MANNER
- Includes, but is not limited to, the asking, begging, or soliciting of alms, including money and other things of value, through utilization of any of the following representations:
- (1) Stating or expressing that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact; or
- (2) Stating that the solicitor is from out of town and stranded, when that is not true; or
- (3) Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated; or
- (4) Use of any makeup or device to simulate deformity.
- Anyone who asks, begs, or solicits alms, including money and other things of value.
No person may ask, beg, or solicit alms, including money and other things of value, in an aggressive manner in any place open to the general public, including, but not limited to, sidewalks, streets, alleys, driveways, parking lots, parks, plazas, buildings, doorways and entrances to buildings, and gasoline service stations and the grounds enclosing buildings.
No person may ask, beg, or solicit alms, including money and other things of value, in a false or misleading manner.
No person may ask, beg, or solicit alms in any public transportation vehicle; or within 25 feet of any bus or train station or stop.
No person may ask, beg, or solicit alms within 25 feet of any automatic teller machine (ATM).
No person may ask, beg, or solicit alms from any operator or occupant of a motor vehicle that is in traffic on a public street.
Interpretation. No provisions of this section shall be interpreted or construed to prohibit speech, expression or conduct protected by the laws or Constitution of the United States or the laws or Constitution of the State of Connecticut.