[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.
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.
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.
A.Â
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:
(1)Â
To interfere, impede or hinder the free passage of pedestrian
or vehicular traffic.
(2)Â
To interfere with, obstruct, harass, curse or threaten
or to do physical harm to another member or members of the public.
(3)Â
To cause, by words, acts or other conduct, a reasonable
likelihood of a breach of the peace or disorderly conduct shall result.
B.Â
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.
C.Â
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.
