[HISTORY: Adopted by the Burgess and Commissioners of the
Town of Walkersville 7-23-1975. Amendments noted where applicable.]
A.
No person shall loiter, lounge or sleep in or upon any street, park
or other public place or in any public building or obstruct the access
to any public building or any part thereof or obstruct passage through
or upon any public street, park or public place.
B.
For the purpose of this section, the term "loiter" shall encompass,
but shall not necessarily be limited to, one or more of the following
acts:
(1)
Obstruction of the free, unhampered passage of pedestrians or vehicles.
(2)
Obstructing, molesting or interfering with any person lawfully upon
any street, park or other public place.
(3)
Remaining idle in essentially one location without being able to
establish having a legitimate business or purpose in so remaining
idle or by general conduct exhibiting the absence of a lawful purpose
in so remaining idle.
(4)
Conduct involving the concept of standing idly by, loafing, walking
about aimlessly without purpose and including the colloquial expression
of "hanging around."
(5)
Refusing to move on when so requested by a peace officer, provided
that the peace officer has exercised his/her discretion reasonably
under the circumstances in order to preserve or promote public peace
and order.
C.
For the purpose of this section, the term "other public place" shall
be deemed to include the quasi-public area in front of or adjacent
to any store, shop, restaurant, luncheonette or other place of business
and shall include also any parking lots or other vacant private property
not owned or under the dominion of the person charged with a violation
of this section.
D.
Park property.
[Added 6-27-1984]
(1)
No person shall remain upon park property at any time between closing
time of said park and opening time the following day, except by written
permit issued by the Commissioners of the Town. The Commissioners
are hereby authorized to establish, from time to time, the opening
and closing times and dates for any parks within the limits of the
Town of Walkersville.
(2)
No person shall remain upon park property after a lawful command
by any law enforcement officer or by the Parks Commission or its authorized
representative.
[Amended 8-10-2023 by Ord. No. 2023-03]
It is hereby declared to be unlawful for any person to disturb
the peace, order or quiet of Walkersville in any manner, and any person
violating the provisions of this section shall be subject to fines
and penalties hereafter provided.
[Amended 9-12-1979]
A.
It shall be unlawful for any person to be in an intoxicated condition
upon any of the streets, alleyways, public lands or in any place or
establishment habitually frequented by the general public within the
limits of the Town of Walkersville.
B.
It shall be unlawful for any person to consume any alcoholic beverage,
or have in his/her possession any unsealed alcoholic beverage container
with alcoholic beverage therein, or discard any alcoholic beverage
container:
(1)
While in or on a public street, lane, roadway, avenue, sidewalk,
public parking place, park, playground, recreation area or any other
public or quasi-public place or upon any land owned or occupied by
any federal, state, county or municipal government.
(2)
While in a private motor vehicle while the same is in motion or parked
in any public street, lane, alley, public parking lot or other public
or quasi-public place.
(3)
While upon any private property, not his/her own, without permission
of the owner or such other person having authority to grant such permission.
(4)
While in or about any other public or quasi-public place or a place
where the public is invited, including but not limited to any business,
church, institutional, commercial or professional premises, except
where such consumption or possession is with the express permission
of the owner or other person having the authority to grant such permission.
C.
For the purpose of this section, "alcoholic beverage" shall mean
alcohol, brandy, whiskey, rum, gin, cordials, beer, ale, stout, wines,
cider and any other spirituous, vinous, malt or fermented liquor or
compound by whatever name called, containing 1/2 of 1% or more of
alcohol by volume and which is fit for beverage purposes.
D.
For the purpose of this section, a container shall be regarded as
"unsealed" when its top, tab or cork has been removed; or any of the
contents have been removed; or any seal or stamp has been removed
or broken; or where the container has been opened in any manner.
No person shall loiter about the streets, lands or alleys of
Walkersville nor trespass, jump, cling or climb upon any car or motor
vehicle, nor disturb the passengers or occupants thereof.
It shall be unlawful for any person within the Town limits of
Walkersville to wantonly and intentionally expose his/her person in
such manner as to be offensive to decency.
It shall be unlawful for any person to urinate on the streets,
lanes or alleyways of the Town of Walkersville.
A.
It shall be unlawful for any person to make or continue, or cause
to be made or continued, or to allow their animal to make or continue,
any loud, unnecessary or unusual noise or any noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety of others or to create any unreasonably loud, disturbing
and unnecessary noise of such character, intensity or duration as
is detrimental to the life or health of any individual or persons
within the Town limits of Walkersville.
[Amended 9-8-1999 by Ord.
No. 99-4]
B.
Noise which is prohibited by Subsection A hereof shall include, but not be limited to, the following:
(1)
Noise made by the operation of any radio, television, loudspeaker
or loud-speaking device, music making machine, sound-amplified high-fidelity
equipment, musical instrument, drum or similar device which produces,
reproduces or amplifies sound when such noise is unreasonably or unusually
loud or disturbing when considering the time, place and manner of
the noise.
(2)
Any vocal noise, including yelling, shouting, whistling or singing,
which is unreasonably or unusually loud or disturbing when considering
the time, place and manner of the noise.
(3)
The sounding of any horn or signaling device on any automobile, motor
vehicle or other vehicle, except as a danger warning, when such sounding
creates an unreasonably or unusually loud, disturbing or harsh sound
when considering the time, place and manner of the sound.
[Added 8-9-1995]
(4)
Frequent or long continued noise from an animal, when such noise
is unreasonable or disturbing when considering the time, place, and
manner of the noise.
[Added 9-8-1999 by Ord.
No. 99-4]
C.
This section is not intended to limit and shall not be applicable
to normal, necessary or emergency activities, including but not limited
to:
(1)
Agricultural activities on agriculturally zoned land.
(2)
Emergency sirens, horns or other emergency devices used in the course
of responding to an emergency.
(3)
Construction or demolition work which causes noise in the course
of actual construction or demolition on normal and/or necessary projects
during daytime hours.
(4)
Sporting, amusement, and entertainment events or other public gatherings
operated in accordance with their permits or with local laws and regulations.
[Added 8-9-1995]
D.
Any person or persons violating any provision of this section shall
be guilty of a municipal infraction which is punishable by a fine
of $50 for each offense. A police officer having probable cause that
a violation of this section has been or is being committed shall warn
the apparent violator of the violation and shall instruct the violator
to cease any further such violation. A police officer may issue a
citation to any person who continues to violate any provision of this
section after having been instructed to cease such violation.
[Added 8-9-1995]
[Added 9-12-1979]
A.
It shall be unlawful for any minor to remain, idle, wander, stroll,
loiter or play in any public place, either on foot or to cruise about
without a set destination in any vehicle, between the hours of 11:00
p.m. and 6:00 a.m., local time, Sunday through Thursday, and between
the hours of 12:00 midnight and 6:00 a.m., local time, Friday through
Saturday, unless accompanied by a parent, guardian or other adult
person having custody and control of such minor or unless the minor
is on a bona fide emergency errand or a specific business activity
directed and permitted by his/her parent, guardian or other adult
person having custody and control of the minor.
B.
Responsibility of owners of public places. It shall be unlawful for
any person, firm or corporation operating or having charge of any
public place to knowingly permit or suffer the presence of minors
in such public place between the hours of 11:00 p.m. and 6:00 a.m.,
local time, Sunday through Thursday, and between the hours of 12:00
midnight and 6:00 a.m., local time, Friday through Saturday.
C.
Responsibility of parents. It shall be unlawful for the parent, guardian or other adult person having custody and control of any minor to suffer or permit or, by inefficient control, to allow a minor to be in violation of Subsection A of this section; however, the provisions of this section do not apply if such minor is accompanied by his/her parent, guardian or other adult person having custody and control of such minor or if the minor is on a bona fide emergency errand or a specific business activity directed and permitted by his/her parent, guardian or other adult person having custody and control of the minor.
D.
Procedure upon violation. Any police official or other person so
authorized by the Burgess and Commissioners, upon finding a minor
in violation of this section, shall ascertain the name and address
of such minor, shall notify the minor that he/she is in violation
of curfew and shall direct the minor to proceed at once to his/her
home or place of abode. If the minor does not so immediately proceed,
the police official or other person so authorized may take the minor
to his/her home or place of abode and notify the parent, guardian
or other adult person having custody and control of the minor that
the minor is in violation of curfew. The police official or other
person so authorized shall subsequently file a report of the violation
with Clerk of the Town of Walkersville.
E.
Penalty for violation. Upon the first offense of a minor for a violation of Subsection A of this section, a warning only shall be given to the minor and to the parent, guardian or other adult person having custody and control of the minor. Any subsequent violation shall be punishable as provided for in this chapter.
F.
GUARDIAN
MINOR
OTHER ADULT PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person other than a parent who has legal guardianship
of a minor.
Any child who has not attained his/her 18th birthday. The
police official or other authorized person may use his/her discretion
in determining age and, in doubtful cases, may require positive proof,
and until such proof is furnished, the judgment of the police official
or other authorized person shall prevail.
Any person over the age of 21 years who is in loco parentis
to a minor.
G.
Jurisdiction. This section shall be enforced within the limits of
the Town of Walkersville.
H.
Suspension. For specific events or periods of time, the time during
which this section shall be enforced may be suspended, changed or
modified by the Burgess and Commissioners of the Town of Walkersville,
provided that public notice thereof is given by placing such notice
in a newspaper of general circulation within the limits of the Town
of Walkersville and published at least 48 hours before the effective
time of such suspension, change or modification.
[Added 7-13-2011 by Ord.
No. 2011-03]
A person may not engage in willfully making or assisting in
the making of any noise or diversion that is not part of a funeral,
burial, memorial service or funeral procession occurring within 1,000
feet of a funeral, burial, memorial service or funeral procession,
when that noise or diversion disturbs or tends to disturb the peace
or good order of said funeral, burial, memorial service or funeral
procession.
[Amended 9-27-1978 by Ord. No. 101; 8-10-2023 by Ord. No. 2023-03]
Except where otherwise provided in this chapter, any person
violating or failing to comply with this chapter or any section or
provision thereof shall, on conviction before an appropriate court
of competent jurisdiction, be guilty of a misdemeanor and shall be
punished as provided in the Charter of the Town of Walkersville.[1]
All of the provisions of the aforegoing chapter shall apply
to the corporate limits of the Town of Walkersville, Maryland.
