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Chapter 66
LOITERING

§ 66-1. Definitions.
§ 66-2. Prohibited conduct.
§ 66-3. Identification.
§ 66-4. Lawful assembly.
§ 66-5. Notice of violation.
§ 66-6. Warning required.
§ 66-7. Violations and penalties.

[HISTORY: Adopted by the Mayor and Council of the Town of Berlin 8-10-1971 by Ord. No. 120. section 66-7 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other Amendments noted where applicable.]

GENERAL REFERENCES
Sleeping in vehicles — See Ch. 73, Art. I.

§ 66-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:

LOITER — 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 chapter; to collect, gather, congregate or 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 chapter.

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, cemeteries or any place of amusement and entertainment whether or not a charge of admission or entry thereto is made. It includes the lobby, halls, corridors and areas open to the public of any store, office or apartment building.

PUBLIC PLACE — Any public street, road or 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 vacant lot.

§ 66-2. Prohibited conduct.
  1. It shall be unlawful for any person to loiter at, on or in a public place or place open to the public in such a manner:
    1. So as to interfere, impede or hinder the free passage of pedestrian or vehicular traffic.
    2. So as to interfere with, obstruct, harass, curse or threaten or do physical harm to another member or members of the public.
    3. That by words, acts or other conduct it is clear that there is a reasonable likelihood that a breach of the peace or disorderly conduct would result.
  2. It shall be unlawful for any person to loiter as defined in § 66-1 hereof at a public place or place open to the public and to fail to obey the direction of a uniformed police officer or the direction of a properly identified police officer not in uniform to move on, when not to obey such direction shall endanger the public peace.
§ 66-3. Identification.
It shall be unlawful for any person at a public place or place open to the public to refuse to identify himself by name and address at the request of a uniformed police officer or of a properly identified police officer not in uniform, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification.

§ 66-4. Lawful assembly.
Nothing herein shall be construed to prohibit orderly picketing or other lawful assembly.

§ 66-5. Notice of violation.
Any police officer witnessing a violation of this chapter may, as are alternative to making an arrest, issue to said violator a notice of violation, which notice, in addition to such factors as shall be required by such form of notice as may be approved by the Town Attorney, shall specify the violation with which said violator is charged and shall set forth the hour, date and location that said violator is summoned to appear in the District Court for Worcester County in Berlin, Maryland, to answer said charge.

§ 66-6. Warning required.
No person shall be charged with a violation of this chapter unless and until the arresting officer has first warned the person of the violation and such person has failed or refused to stop such violation.

§ 66-7. Violations and penalties. 1
Any violation of the provisions of this chapter shall be punishable, upon conviction, as a misdemeanor as provided in Article I of Ch. 1, General Provisions.

1. Editors Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.