[HISTORY: Adopted by the Common Council of the City of Middletown 4-6-1987,
as amended through Ord. No. 08-04, adopted 5-3-2004.
Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
To sit, stand, lie, pace or otherwise remain in essentially the same
place, and shall include the colloquial expression “hanging around.”
Any area that is used or held out for use by the public, whether
owned or operated by public or private interests.
No person shall loiter in any public place and:
A.
Create, or cause to be created, a breach of the peace, as that
term is defined in the Connecticut General Statutes;
B.
Create, or cause to be created, a public disturbance, as that
term is defined in the Connecticut General Statutes;
C.
Commit disorderly conduct, as that term is defined in the Connecticut
General Statutes.
D.
Obstruct free passage, as that offense is defined in the Connecticut
General Statutes.
E.
Engage in activities which would warrant a reasonable officer
to believe that the purpose of the behavior is to engage in a violation of
the Connecticut General Statutes regulating dependency-producing drugs.
F.
Engage in activities which would warrant a reasonable officer
to believe that such person is engaging in prostitution, patronizing a prostitute,
promoting prostitution, or enticing a minor, as those terms are defined in
the Connecticut General Statutes.
Whenever any police officer in the exercise of reasonable judgment decides that the presence of any person in any place is causing, or is likely to cause, any of the prohibited acts enumerated in § 192-2, he or she may, if deemed necessary for the preservation of the public peace and safety, order that person(s) to leave that place. Officers shall inform such persons that they will be issued an infraction if they fail to obey the order promptly or engage in further loitering. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of this chapter and shall be subject to a fine not exceeding $90.
A.
Generally. The purpose of this section is to regulate behavior
to preserve the public order, to protect the citizens of Middletown and to
ensure the safe and uninterrupted passage of both pedestrian and vehicular
traffic, without unconstitutionally impinging upon protected speech, expression
or conduct.
B.
AGGRESSIVE MANNER
(1)
(2)
(3)
(4)
(5)
(6)
ASK, BEG or SOLICIT ALMS
FALSE OR MISLEADING MANNER
(1)
(2)
(3)
(4)
SOLICITOR
Definitions. For the purpose of this section, the following terms
shall have the meanings indicated:
Approaching, speaking to, or following a person in a manner as would
cause a reasonable person to fear bodily harm or the commission of a criminal
act upon the person, or upon property in the person’s immediate possession;
or
Touching another person without that person’s consent in the course
of asking for alms; or
Continuing to ask, beg, or solicit alms from a person after the person
has made a negative response; or
Following the person solicited before, after or while asking, begging
or soliciting alms; or
Intentionally blocking or interfering with the safe or free passage
of a person or vehicle by any means, including unreasonably causing a person
or driver of a vehicle to take evasive action to avoid physical contact; or
Directing abusive or profane language toward the person solicited, either
while asking, begging or soliciting alms, or following a refusal by the person
solicited.
Includes the spoken, written, or printed word or such other act conducted
for the purpose of obtaining an immediate donation or money or thing of value.
Includes, but is not limited to, the asking, begging, or soliciting
of alms, including money and other things of value, through utilization of
any of the following representations:
Stating or expressing that the donation is needed to meet a specific
need, when the solicitor already has sufficient funds to meet that need and
does not disclose that fact; or
Stating that the solicitor is from out of town and stranded, when that
is not true; or
Wearing or displaying an indication of physical disability, when the
solicitor does not suffer the disability indicated; or
Use of any makeup or device to simulate deformity.
Anyone who asks, begs, or solicits alms, including money and other
things of value.
C.
Unlawful acts.
(1)
No person may ask, beg, or solicit alms, including money and
other things of value, in an aggressive manner in any place open to the general
public, including, but not limited to, sidewalks, streets, alleys, driveways,
parking lots, parks, plazas, buildings, doorways and entrances to buildings,
and gasoline service stations and the grounds enclosing buildings.
(2)
No person may ask, beg, or solicit alms, including money and
other things of value, in a false or misleading manner.
(3)
No person may ask, beg, or solicit alms in any public transportation
vehicle; or within 25 feet of any bus or train station or stop.
(4)
No person may ask, beg, or solicit alms within 25 feet of any
automatic teller machine (ATM).
(5)
No person may ask, beg, or solicit alms from any operator or
occupant of a motor vehicle that is in traffic on a public street.
D.
Interpretation. No provisions of this section shall be interpreted
or construed to prohibit speech, expression or conduct protected by the laws
or Constitution of the United States or the laws or Constitution of the State
of Connecticut.
