[HISTORY: Adopted by the Special Town Meeting of the Town
of Lee 5-26-1971 by Art. 10 as Sec. 11-1 of the 1971 Code; amended in its entirety 5-11-1995 STM by Art.
13. Subsequent amendments noted where applicable.]
Whoever continues to stand, sit or loiter in or about any street,
sidewalk or any public place so as to obstruct the free passage of
travelers or vehicles thereon, after being directed by a police officer
to move on or disperse, shall be punishable by a fine not to exceed
$100.
Whoever shall throw stones, snowballs, sticks or other missiles
or throw or kick a football or play any game in which a ball or similar
object is used or use a skateboard on a public street or way or sidewalk
in the Town so as to obstruct the free passage of travelers or vehicles
thereon shall be punishable by a fine not to exceed $100.
Whoever, without right, enters or remains in any school, library
or municipal building in the nighttime or whenever such building is
otherwise closed or who continues to remain upon the steps, portico
or other projection from such building during the nighttime or whenever
such building is closed and after being directed by a police officer
to move on or disperse shall be punishable by a fine not to exceed
$100.
It shall be deemed a breach of the peace and it shall be the duty of any police officer of the Town to order any person so acting as to trespass in or upon a municipal building or to obstruct or cause the obstruction of free passage of travelers or vehicles to move on and disperse and, if the person so ordered does not forthwith obey, to remove such person or to arrest and cause such person to be brought before the Trial Court of the commonwealth upon complaint made for a violation of the provisions of the preceding §§ 147-1, 147-2 and 147-3.
As used in this chapter, the following terms shall have the
meanings indicated:
A person commits a violation of loitering if he or she loiters
or prowls in a place, at a time or in a manner not usual for law-abiding
individuals under circumstances that warrant alarm for the safety
of persons or property in the vicinity. Among the circumstances which
may be considered in determining whether such alarm is warranted is
the fact that the actor takes flight upon appearance of a peace officer,
refuses to identify himself or herself or manifestly endeavors to
conceal himself or herself or any object. Unless flight by the actor
or other circumstance makes it impracticable, a peace officer shall,
prior to any arrest for an offense under this chapter, afford the
actor any opportunity to dispel any alarm which would otherwise be
warranted by requesting him or her to identify himself or herself
and explain his or her presence and conduct. No person shall be convicted
of an offense under this chapter if the peace officer did not comply
with the preceding sentence or if it appears at trial that the explanation
given by the actor was true and, if believed by the peace officer
at the time, would have dispelled the alarm.
A person who, having no legal privilege to do so, purposely
or recklessly obstructs any highway or other public passage, whether
alone or with others, commits a violation. "Obstructs" means renders
impassable without unreasonable inconvenience or hazard. No person
shall be deemed guilty of recklessly obstructing in violation of this
chapter solely because of a gathering of persons to hear him or her
speak or otherwise communicate or solely because of being a member
of such a gathering.
