[Derived from 1988 Codified Ordinances]
As used in this chapter, the following terms shall have the meanings
indicated:
LAWFUL BUSINESS
The act of conducting, going to or returning from any social, educational,
recreational, religious, business or any other activity not prohibited by
law.
LOITER
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.
PLACE OPEN TO THE PUBLIC
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.
PUBLIC PLACE
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.
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:
CHIEF OF POLICE
The Chief of Police or acting Chief of Police of the Havre de Grace
Police Department, as the designated agent of the Mayor.
DISPERSE
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.
DRUG-FREE 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.
ILLEGAL DRUG
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.
KNOWN UNLAWFUL DRUG USER, POSSESSOR, OR SELLER
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."
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.
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.