City of Lewes, DE
Sussex County
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[HISTORY: Adopted by the City Council of the City of Lewes 6-8-1970; amended in its entirety 1-14-2008. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Amusement parks — See Ch. 56.
Beaches — See Ch. 63.
Trespassing — See Ch. 178.
A. 
Loitering. It shall be unlawful for any person to loiter and lounge on streets, street corners, pavements, sidewalks, boardwalks, street crossings, or parking lots within the corporate limits of the City of Lewes or on the streets, street corners, pavements, sidewalks, boardwalks, or street crossings under the jurisdiction of the City of Lewes which obstructs or prevents the free flow of pedestrian or vehicular traffic.
B. 
It shall be unlawful for any person to sleep in any motor vehicle of any description parked on any highway, street, street corner, pavement, sidewalk, boardwalk, street crossing, public beach, parking lot, picnic ground, park, or on any other public or semipublic area.
C. 
Out-of-doors. It shall be unlawful for any person to sleep on any highway, street, street corner, pavement, sidewalk, boardwalk, street crossing, parking lot, picnic ground, park, or on any other public or semipublic area, or as provided in other ordinances of the City.
D. 
Subsections B and C shall not apply to premises duly licensed and operated to accept house trailers, motor homes and campers in accordance with applicable City ordinances.
E. 
Loitering on the streets or in a place open to the public with intent to solicit for immoral purposes is prohibited.
F. 
Deriving support in whole or in part from begging is prohibited.
G. 
A person is guilty of loitering when:
(1) 
The person fails or refuses to move on when lawfully ordered to do so by any police officer; or
(2) 
The person loiters, remains or wanders about in a public place for the purpose of begging; or
(3) 
The person loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in sexual intercourse or deviate sexual intercourse; or
(4) 
The person loiters; congregates with others or prowls in a place at a time or any manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity, especially in light of the crime rate in the relevant area. Unless flight of the accused or other circumstances make it impracticable, a peace officer shall, prior to any arrest for an offense under this subsection, afford the accused an opportunity to dispel any alarm which would otherwise be warranted, by requesting identification and an explanation of the person's presence and conduct. No person shall be convicted of offense under this subsection if the peace officer did not comply with the preceding sentence, or if it appears that the explanation given by the accused was true and, believed by the police officer at the time, would have dispelled the alarm.
Any person, firm, or corporation violating any of the provisions of this chapter shall, upon conviction, be subject to a fine of not less than $25 nor more than $200 and imprisonment for a term of not less than 10 days nor more than 30 days for the first such conviction. For a second or subsequent conviction, any person, firm or corporation shall, upon conviction, be subject to a fine of not less than $50 nor more than $500 and imprisonment for a term of not less than 20 days nor more than 60 days for each such conviction. Each day that a violation of any of the provisions of this chapter continues shall be deemed and taken to be a separate and distinct violation.