City of Springfield, MA Chapter 240 Loitering

[HISTORY: Adopted by the City Council of the City of Springfield 12-21-1992 (Title 8, Ch. 8.24, of the 1986 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Amusements — See Ch. 105.

Curfew — See Ch. 157.

Drugs and drug products — See Ch. 165.

Gang activity — See Ch. 190.

Graffiti — See Ch. 201.

Noise — See Ch. 259.

Peace and good order — See Ch. 275.

Peddling and soliciting — See Ch. 285.

§ 240-1 Definitions.

The following words, as used in this chapter, shall, unless the context otherwise requires, have the following meanings:

ILLEGAL DRUGS

Any controlled or restricted substance or drug, the sale of which is prohibited by the Massachusetts General Laws.

KNOWN DRUG DEALER OR PURCHASER

A person who, within one year previous to the date of a citation for violation of this chapter, has, within the knowledge of the enforcing police officer, been convicted of a crime involving the sale or purchase of illegal drugs or a crime involving the possession of illegal drugs with the intent to sell.

KNOWN PROSTITUTE OR PANDERER

A person who, within one year previous to the date of a citation for violation of this chapter, has, within the knowledge of the enforcing police officer, been convicted of violating any ordinance of the City or statute of the state defining and punishing acts of soliciting, committing, or offering, or agreeing to commit prostitution.

LOITER

Remaining idle in essentially one location, and shall include the concepts of spending time idly, loafing or walking about aimlessly.

PUBLIC PLACE

Any area within the City of Springfield that is City, state or federally owned or controlled and accessible to the general public, including, but not limited to, buildings, streets, sidewalks, bridges, alleys, plazas, parks, driveways and parking lots.

§ 240-2 Prohibited conduct.

A. No person shall congregate, stand, loaf or loiter upon any street, sidewalk, bridge or crossing so as to obstruct the same or to hinder or prevent persons passing or attempting or desiring to pass thereon.

B. No person shall congregate, stand, loaf or loiter in or in front of any hall, lobby, doorway, passage or entrance of any public building, theater, hotel, eating house, lodging house, office building, store, shop, office or factory or other like building so as to obstruct the same, hinder or prevent persons walking along or into or out of the same or attempting or desiring to do the same.

C. No person shall congregate, stand, loaf, loiter or remain in any parking garage, whether publicly or privately owned, so as to interfere with the property of others or with any person's ability to use the services afforded by the garage, unless present there with the intent to park or use any other services afforded by the garage.

D. No person shall stand, loaf, loiter or remain in, or in the immediate vicinity of, or frequent a public transportation terminal, whether publicly or privately owned, unless present there with the intent to use or to accompany or meet a person or persons using the public transportation there offered or to use one or some of the accessory convenience facilities operated at such terminal for the use of travelers.

E. No person shall congregate, stand, loaf or loiter in or in front of any school, college, university, or community college, university, or community center with the purpose of annoying or molesting the students or employees thereof or so as to hinder, obstruct, prevent or disrupt the normal functions carried on therein or thereat, or so as to obstruct, hinder or prevent persons passing by or into or out of the same or attempting or desiring to do so. It shall be unlawful for any person to loiter or remain in or about the area of a school not having any reason or relationship, involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same.

F. No person shall loiter or remain in a public place for the purpose of engaging in, or soliciting another person to engage in, sexual activity for hire. The circumstances which may be considered in determining whether such purpose is manifested are: that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop passersby, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gestures.

G. No person shall loiter or remain in a public place in a manner and under circumstances _____. The circumstances which may be considered in determining whether such purpose is manifested are: that such person is a known drug dealer or purchaser, repeatedly beckons to, stops or attempts to stop passersby or pedestrians, and engages or attempts to stop motor vehicle operators by hailing, waving of arms or other bodily gestures.

H. No person shall loiter or remain in a vacant unoccupied building or on any portion of vacant land upon which such vacant building is located, unless with the permission of an authorized agent of said property.

§ 240-3 Violations and penalties.

A. No person shall be arrested for a violation of this chapter unless the arresting officer, or by direct demand, first affords such person an opportunity to cease or explain such conduct.

B. No person shall be convicted of a violation of this chapter if it appears at trial that the explanation tendered was true and disclosed a lawful purpose.

C. Any person who violates the provisions of this chapter shall be punished by a fine of $50. Each day on which the violation exists shall be deemed to be a separate offense.