[9-21-2023 by Ord. No. 8449]
For the purpose of this article, the term "vagrant" shall be
defined as follows:
A. Any person who is without visible means of support and who, although
able to perform physical and/or mental work, wanders or strolls about
in idleness, loiters or remains in or wanders about a public or private
place with no legitimate purpose, and/or with no visible or lawful
business; and/or
B. Any person who is without visible means of support and who, although
able to perform physical and/or mental work, wanders or strolls about
in idleness, loiters or remains in or wanders about a public or private
place for any of the following purposes:
(1) For the purpose of gambling with cards, dice or other gambling paraphernalia;
(2) For the purpose of engaging in prostitution or soliciting prostitution
or soliciting for an act of lewdness;
(3) For the purpose of engaging in theft, or breaking and entering any
building, property or automobile of another;
(4) For the purpose of injuring, destroying, molesting or defacing any
property of another;
(5) For the purpose of assaulting any person;
(6) For the purpose of begging or soliciting money or any thing of value,
provided that this section shall not apply to persons soliciting for
bona fide religious or charitable organization(s) with the authorization
of such organization(s);
(7) For the purpose of selling, purchasing, trading or otherwise exchanging,
procuring or making available illegal drugs or contraband; or
(8) For the purpose of loitering, resting, and/or congregating.
[9-21-2023 by Ord. No. 8449]
It shall be unlawful to be a vagrant in the limits of the City
of New Castle.
[9-21-2023 by Ord. No. 8449]
It shall be unlawful, and offense hereunder, for any person,
between the hours of 11:00 p.m. and sunrise, to loiter and/or sleep
on any street, sidewalk, or right-of-way, in any other public place
or on any property of another without the express or tacit consent
of the owner or person in charge of the property or place. It shall
be unlawful, and an offense, for any person to loiter and/or sleep
in any public park or public property between the hours of 11:00 p.m.
and 7:00 a.m. in the limits of the City of New Castle.
[9-21-2023 by Ord. No. 8449]
Any person violating any provision of this article shall be punished as provided in §
101.99 of the Administrative Code. In addition to any other remedy provided in this article the City may institute proceedings to restrain any violation of, or to require compliance with, this article.
[9-21-2023 by Ord. No. 8449]
It is the intention of the City that the provisions of this
article be construed, enforced and interpreted in such a manner as
will cause the least possible infringement of the constitutional rights
of free speech, free expression, due process, equal protection or
other fundamental rights consistent with the purposes of this article.
Should a court of competent jurisdiction determine that any part of
this article, or any application or enforcement of it is excessively
restrictive of such rights or liberties, then such portion of the
article, or specific application of this article, shall be severed
from the remainder, which shall continue in full force and effect.
[9-21-2023 by Ord. No. 8449]
All ordinances or parts of ordinances conflicting with any of
the provisions of this article are hereby repealed insofar as the
same affect this article.
[9-21-2023 by Ord. No. 8449]
This article shall become effectively immediately and as provided
by law.