[HISTORY: Adopted by Town Meeting of the Town of Bethel 12-1-1969.
Amendments noted where applicable.]
A.Â
It shall be unlawful for any person to idly assemble,
loiter, lounge or sleep in or upon any street, sidewalk or public place or
in any public buildings or in a park during those hours when it is closed
to the public, or to obstruct the access to any public building or any part
thereof, or to obstruct passage through or upon any public street or park.
B.Â
It shall be unlawful for any person to idly assemble,
loiter, lounge or sleep in other public places, as hereinafter defined, if
the owner thereof has posted a sign in such a place and in such a manner as
is reasonably calculated to afford notice of the prohibition to all interested
parties.
As used in this chapter, the following terms shall have the meanings
indicated:
Shall encompass, but shall not be necessarily limited to, one or
more of the following acts:
Obstruction of the free, unhampered passage of pedestrians or vehicles.
Obstructing, molesting or interfering with any person lawfully upon
any street, park or other public place.
Remaining idle in essentially one location without being able to establish
having a legitimate purpose in so remaining idle or, by general conduct, exhibiting
the absence of a lawful purpose in so remaining idle. In determining whether
or not a legitimate or lawful purpose for remaining idle has been established,
consideration shall be given to the fact that the person takes flight upon
appearance of a law enforcement officer, refuses to identify himself or manifestly
endeavors to conceal himself or any object. Unless flight by the person or
other circumstances makes it impracticable, a law enforcement officer shall,
prior to any arrest for an offense under this section, afford the person an
opportunity to dispel any alarm or immediate concern which would otherwise
be warranted by requesting him to identify himself and explain his presence
and conduct. No person shall be convicted of an offense under this section
if the law enforcement officer did not comply with this procedure or if it
appears at trial that the explanation given by the person is true and, if
believed by the officer at the time, would have dispelled the alarm or immediate
concern.
Refusing to move on when so requested by a peace officer or other officer
having the power of arrest, provided that such officer has reasonably exercised
his discretion under the circumstances in order to preserve or promote public
peace and order.
Includes the quasi-public area in front of or adjacent to any store,
shop, restaurant, luncheonette or other place of business and shall include
also any parking lots or other vacant property not owned or under the dominion
of the person charged with a violation of this chapter.
Enforcement of this chapter as it relates to other public places, as
herein defined, shall be conditioned upon a request for such enforcement by
the owner or agent of said other public place, sent by certified mail, return
receipt requested, to the attention of the Chief of Police of the Town of
Bethel. In addition to the name of the owner and a description of the property
involved, said request shall include a certification stating that the provisions
of this chapter relating to posting of notice have been complied with.
Any person violating any of the provisions of this chapter shall be
fined in an amount not exceeding $100.
