For the purposes of this chapter, the following words shall have the
following meanings:
LOITERING
Remaining idle in essentially one location.
PARENT or GUARDIAN
Includes any adult person having care or custody of a minor, whether
by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Any place to which the public has access and shall include any street,
highway, road, alley, or sidewalk. It shall also include the front or the
neighborhood of any store, shop, restaurant, tavern or other place of business,
and public grounds, areas, parks, as well as parking lots or other vacant
private property not owned by or under the control of the person charged with
violating this chapter, or in the case of a minor, not owned by or under the
control of his parent or guardian.
No person shall loiter in a public place in such manner as to:
A. Create or cause to be created a danger of a breach of
the peace.
B. Create or cause to be created any disturbance or annoyance
to the comfort and repose of any person.
C. Obstruct the free passage of pedestrians or vehicles.
D. Obstruct, molest, or interfere with any person lawfully in any public place as defined in §
205-1. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.
Whenever any police officer shall decide that the presence of any person in any public place is causing any of the conditions enumerated in §
205-2, he shall, for the preservation of the public peace and safety, before making an arrest, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter.
Any person violating any of the provisions of this chapter shall, upon
a first conviction under this chapter, be punished by a fine not exceeding
$200; and, upon any subsequent conviction under this chapter, by a fine not
exceeding $200 or by imprisonment not exceeding 10 days, or both, in the discretion
of the court.