[HISTORY: Adopted by the Mayor and City Council of the City of Havre
de Grace as indicated in article histories. Amendments noted where applicable.]
[Derived from 1988 Codified Ordinances]
As used in this chapter, the following terms shall have the meanings
indicated:
The act of conducting, going to or returning from any social, educational,
recreational, religious, business or any other activity not prohibited by
law.
To idle, stand around, tarry, remain or wander on foot, or to idle
or tarry without being engaged in lawful business. "Loiter" also means to
collect, gather, congregate or be a member of a group or crowd of people who
are gathered together in any public place or place open to the public without
engaging in any lawful business at such place or, having concluded any lawful
business, to remain in such place an undue length of time without further
lawful business.
Any place open to the public or any place to which the public is
invited, and in, on or around any privately owned place of business, private
parking lot or private institution, including places of worship, cemetery
or any place of amusement and entertainment, whether or not a charge of admission
or entry thereto is made. It includes the elevator, lobby, halls, corridors
and areas open to the public of any store, office or apartment building.
Any public street, road, highway, alley, lane, sidewalk, crosswalk,
or other public way, or any public resort, place of amusement, park, playground,
public building or grounds appurtenant thereto, school building or school
grounds, public parking lot or any public vacant lot.
A.
It shall be unlawful for any person to disobey the direction
or order of a uniformed police officer to desist in loitering at, on or near
a public place or place open to the public when such loitering is impeding
or hindering or may impede or hinder the free passage of pedestrian or vehicular
traffic to, from or within such places.
B.
It shall be unlawful for any person to disobey the direction
or order of a uniformed police officer to desist in loitering at, on or near
a public place or a place open to the public when such loitering constitutes
a clear and present danger to the public peace.
C.
It shall be unlawful for any person to loiter, without
the consent of the owner, operator or person in control, on or about any place
open to the public after said premises have been closed for business purposes
and after said person has been directed or ordered to leave by a uniformed
police officer.
D.
It shall be unlawful for any person to loiter on or about
any place open to the public during business hours, after having been requested
to leave by the owner, operator or person in control of said premises and
after having been directed or ordered to leave by a police officer.
It shall be unlawful for any person or persons to congregate or assemble
at the corner or corners of any of the streets, lanes or alleys or on any
of the sidewalks or approaches thereto in said City, so as to obstruct the
same, or at the entrance of any public or private building within the limits
of said City, and to be engaged in loud and boisterous laughing or talking,
or making any rude, obscene or insulting comments, remarks or observations
on persons passing by the same, or in their hearing, or to so crowd or obstruct
the sidewalks or approaches thereto so as to prevent the free and uninterrupted
passage thereto, therefrom or through the same.
It shall be unlawful for any person or persons to congregate themselves
or vehicles owned, operated or controlled by them at or on any public or private
thoroughfare or parking area so as to obstruct the same or the free use thereof
or in any disorderly manner as would tend to cause obstruction, loud or boisterous
noise, rude, obscene or insulting comments or that might tend in any way to
cause to promote violence, and said assembly shall immediately disperse upon
the order of the owner of any such property or the person in control thereof
or upon the order of any police officer.
Any person convicted of committing any unlawful act as provided in this
chapter shall be guilty of a misdemeanor. If any unlawful act is continuing,
then each day during which such violation continues shall be considered a
separate offense. In addition to any criminal penalty which may be imposed,
all the provisions of this chapter may be enforced by petition for injunction
filed on behalf of the Mayor and City Council of Havre de Grace.
[Adopted 3-3-2003 by Ord. No. 833]
As used herein, the following terms shall have the meanings indicated:
Include the certification and recertification of drug-free zones.
The Chief of Police or acting Chief of Police of the Havre de Grace
Police Department, as the designated agent of the Mayor.
To depart from the designated drug-free zone and not to reassemble
within the drug-free zone with anyone from the group ordered to depart for
the duration of the zone.
Public space on public property that is established pursuant to § 108-7 in an area not to exceed 1,000 feet in length and 1,000 feet in width and specifically described as set forth in § 108-8, including but not limited to identifiable segments of streets, lanes, alleys, walkways, parks, recreation centers, schools, bus stations, train depots, taxi stands, public and commercial parking lots, places of public accommodation and convenience, public housing complexes, and public access areas in residential apartment structures.
Has the same meaning as the term "controlled dangerous substance"
stated in Section 5-101 of the Criminal Law Article of the Annotated Code
of Maryland, as the same may be amended from time to time, including "look-alike"
drugs that are intended to simulate the appearance of illegal drugs.
A person who has, within the knowledge of the arresting law enforcement
officer, been convicted in any court of any violation involving the use, possession,
or distribution of any illegal drug; or is a person who displays physical
or behavioral characteristics of drug intoxication or drug use, including,
but not limited to, "needle tracks."
The Havre de Grace Police Department.
A.
The Chief of Police may certify a public area as a drug-free zone for a period not to exceed 90 consecutive days for any single period of certification, subject to earlier decertification as set forth in Subsection C below.
[Amended by Ord. No. 854]
B.
In determining whether to certify an area as a drug-free
zone, the Chief of Police shall consider any one or more of the following:
(1)
The occurrence of a disproportionately high number of
arrests for the possession or distribution of illegal drugs in the proposed
drug-free zone within the preceding six-month period;
(2)
Any homicide or number of homicides, serious assaults,
robberies, and weapons violations related to the possession or distribution
of illegal drugs that were committed in the proposed drug-free zone within
the preceding six-month period;
(3)
Objective evidence or verifiable information that shows
that illegal drugs are being sold and distributed on public space or public
property within the proposed drug-free zone, including documented calls and
reports from citizens that such activities are taking place in the specified
area; or
(4)
Any other verifiable information from which the Chief
of Police may ascertain whether the health or safety of residents who live,
work, or are present in the proposed drug-free zone are endangered by the
purchase, sale, or use of illegal drugs or other illegal activity, directly
adversely affecting the quality of life in the specified area or surrounding
neighborhood.
C.
The Chief of Police may decertify a drug-free zone at
any time during a period of certification. In determining whether to decertify
an area as a drug-free zone, the Chief of Police shall consider whether the
reasons for certifying the drug-free zone have been alleviated, and, in making
this determination, shall make a reasonable attempt to canvass the property
owners and residents in the area and consider any and all objective evidence
or verifiable information provided by such residents.
A.
Upon certifying a drug-free zone, the Chief of Police
shall:
(1)
Cause to be published at least one week prior to the
effective date of certification a listing of the boundaries of the specific
area or areas to be certified, and the date and time when each certification
will begin and end, in one or more newspapers of general circulation in the
City of Havre de Grace;
(2)
Provide written notice not less than one week prior to
the effective date of such certification to the Mayor and City Council of
Havre de Grace of the specific area or areas to be certified, including the
boundaries of each area and the date and time when each certification will
begin and end;
(3)
At least three days prior to the effective date of the
certification, post a conspicuous written notice in the area to be certified
stating the boundaries of the certified drug-free zone, the date certification
will begin and end, and a phone number to call for additional information;
and
(4)
Take any other steps necessary and reasonable to inform
the community in and surrounding the area to be certified of such certification,
including by way of example: use of mass media, publication in community newsletters
or newspapers, meetings with community groups and citizens, notification at
community relations councils, or any other means deemed appropriate.
B.
Upon the date and time the certification of a drug-free
zone is to become effective, the Chief of Police shall:
(1)
Post the following information in the immediate area
of, and borders around, the drug-free zone:
(a)
A statement that it is unlawful for a person to congregate
in a group of two or more persons with the intent or for the purposes of participating
in the use, purchase, or sale of illegal drugs within the boundaries of a
drug-free zone, and to fail to disperse after being instructed to disperse
by a uniformed law enforcement officer who reasonably believes the person
is congregating for the purpose of participating in the use, purchase, or
sale of illegal drugs;
(b)
The boundaries of the drug-free zone;
(c)
A statement of the effective dates of the drug-free zone
designation; and
(d)
Any other additional notice to inform the public of the
drug-free zone, including a warning that no criminal activity will be tolerated
in the drug-free zone.
C.
The Chief of Police shall also cause a current list of
certified drug-free zones to be disseminated to all local law enforcement
agencies, including the Harford County Sheriff and the local Maryland State
Police barracks.
A.
It shall be unlawful for a person to congregate in a group of two or more persons in public space on public property within the perimeter of a drug-free zone established pursuant to § 108-8 and to fail to disperse after being instructed to disperse by a uniformed law enforcement officer who reasonably believes the person is congregating with the intent and for the purpose of participating in the use, purchase, or sale of illegal drugs.
B.
In making a determination that a person is congregating
in a drug-free zone with the intent and for the purpose of participating in
the use, purchase, or sale of illegal drugs, the totality of the circumstances
involved shall be considered. Among the circumstances which may be considered
in determining whether such purpose is manifested are:
(1)
The conduct of a person being observed, including, but
not limited to, that such person is behaving in a manner raising a reasonable
belief that the person is engaging or is about to engage in illegal drug activity,
such as the observable distribution of a package or packages to other persons,
the receipt of currency for the exchange of a package or packages, operating
as a lookout, warning others of the arrival of police, concealing himself
or herself or any object which reasonably may be connected to unlawful drug-related
activity, or engaging in any other conduct normally associated by law enforcement
agencies with the illegal distribution or possession of drugs;
(2)
Information from a reliable source indicating that a
person being observed has or is routinely distributing illegal drugs within
the drug-free zone;
(3)
Information from a reliable source indicating that the
person being observed is currently engaging in illegal drug-related activity
within the drug-free zone;
(4)
Such person is physically identified by the officer as
a member of a gang or association which engages in illegal drug activity;
(5)
Such person is a known unlawful drug user, possessor,
or seller;
(6)
Such person has no other apparent lawful reason for congregating
in the drug-free zone, such as waiting for a bus or being near one's
own residence; and
(7)
A vehicle involved in the observed circumstances is registered
to a known unlawful drug user, possessor, or seller, or a person for whom
there is an outstanding arrest warrant for a crime involving drug-related
activity.
C.
Destruction, etc., of posted order. No person may destroy,
remove, or deface a notice or order posted by the Chief of Police under this
article.
Any person who intentionally violates § 108-9A shall, upon conviction, be guilty of a misdemeanor and subject to a fine not to exceed $1,000 and imprisonment for no more than six months. Any person who intentionally violates § 108-9C shall, upon conviction, be guilty of a misdemeanor and subject to a fine not to exceed $300.00 and imprisonment for no more than 30 days. Imprisonment in default of fine and costs shall be regulated by the provisions of Article 38, Section 4 of the Annotated Code of Maryland, as the same may be amended from time to time.
A.
The provisions of this article shall apply generally
to all public property throughout the City of Havre de Grace.
B.
The enforcement procedures by the Chief of Police and
the penalties imposed pursuant to this article:
(1)
Constitute an additional method of law enforcement in
response to the proliferation of the above described drug-related activity;
and
(2)
Are an exercise of the municipal police powers that are
reasonable and necessary in order to protect the health, safety, and general
welfare of the people of the City of Havre de Grace.
C.
Nothing in this article shall be construed to prohibit
the lawful exercise by any person of any constitutional rights protected by
the Constitution of the United States or the State of Maryland.
If any section, sentence, clause or phrase of this article is held invalid
or unconstitutional by any court of competent jurisdiction, then said ruling
shall not affect the validity of the remaining portions of this chapter.
