[HISTORY: Adopted by the Mayor and Town Council of the Town of North Beach 7-27-1998 by Ord. No. 98-5. Amendments noted where applicable.]
For the purposes of this section, the following terms shall have the meanings respectively ascribed to them in this section:
- To stand around or remain, or to park or remain parked in a motor vehicle, at a public place or place open to the public and to engage in any conduct prohibited under this section. Loiter also means to collect, gather, congregate or to be a member of a group or a crowd of people who are gathered together in any public place or place open to the public and to engage in any conduct prohibited under this section.
- PLACE OPEN TO THE PUBLIC
- Any place open to the public or any place to which the public is invited and in, 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, boardwalk, pier, bike path or other public way, or any public resort, place of amusement, park, playground, public buildings or grounds appurtenant thereto, school building or school grounds, public parking lot or any vacant lot.
It shall be unlawful for any person to loiter at, on or in a public place or place open to the public in such manner, so as:
To interfere, impede or hinder the free passage of pedestrian or vehicular traffic.
To interfere with, obstruct, harass, curse or threaten or to do physical harm to another member or members of the public.
To cause, by words, acts or other conduct, a reasonable likelihood of a breach of the peace or disorderly conduct shall result.
It shall be unlawful for any person to loiter at a public place or place open to the public and to fail to obey the direction of a uniformed police officer, Town Code Enforcement Officer, a properly identified police officer not in uniform, or any individual employed by the Town of North Beach to keep the peace, to move on, when not to obey such direction shall endanger the public peace.
Public pier. Any persons or group of persons assembled on the public pier in the Town of North Beach during the hours of 10:00 p.m. to 6:00 a.m., unless actively fishing with fishing poles or crabbing, shall be deemed to be loitering in accordance with this section. "Public pier," as used in this chapter, originates at the point that the pier adjoins the east side of the boardwalk in the vicinity of 5th Street and Bay Avenue. Legitimate use of rest rooms at the base of the pier is exempted.
Nothing in this section shall be construed to prohibit orderly picketing or other lawful assembly.
Violations of this article shall be a municipal infraction, punishable as provided in Chapter 1, General Provisions, Article III, Penalties. No person shall be charged with a violation of this section unless and until the officer has first warned the person of the violation and such person has failed or refused to stop such violation.