[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.]
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.
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.
