EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Henry
A BILL ENTITLED
AN ORDINANCE concerning
title
Loitering - Requests to Move On
FOR the purpose of specifying the distance a person found loitering must move when requested to move on by a police officer or certain others; correcting, conforming, and clarifying related provisions; and generally relating to the enforcement of the laws governing loitering.
body
BY repealing and reordaining
Article 19 - Police Ordinances
Section(s) 25-1(b), 25-2(a), 25-3(b), 25-4(a), 26-6, 27-3
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 19. Police Ordinances
Subtitle 25. Loitering - General
§ 25 1. Public places.
(b) Prohibited loitering.
(1) It [shall be] IS unlawful for any person to loiter at, on, or in a public place or place open to the public in such manner:
(i) to interfere with, impede, or hinder the free passage of pedestrian or vehicular traffic;
(ii) to interfere with, obstruct, harass, curse, or threaten or to do physical harm to another member or members of the public; or
(iii) that by words, acts, or other conduct, it is clear that there is a reasonable likelihood a breach of the peace or disorderly conduct shall result.
(2) (I) It [shall be] IS unlawful for any person to loiter at a public place or place open to the public and to fail to obey the [direction] REQUEST 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].
(II) TO COMPLY WITH A REQUEST TO MOVE ON, THE PERSON MUST MOVE AT LEAST 500 FEET FROM THE SPOT WHERE THE PERSON HAD BEEN LOITERING.
§ 25 2. Liquor establishments, drug abuse centers, or amusement arcades.
(a) Prohibited conduct.
(1) It is unlawful for any person who is standing or loitering
(I) [(1)] within 100 feet of a Class A, B, B D7, C, or D retail establishment [which] THAT sells alcoholic beverages, or
(II) [(2)] within 50 yards of a
(A) [(i)] drug abuse rehabilitation and treatment center, or
(B) [(ii)] amusement arcade (as that term is defined in § 1 109 of the Zoning Code of Baltimore City),
in such a manner as to obstruct free passage on or along the street or sidewalk, to disobey [a] THE request [by] OF a police officer to move on.
(2) TO COMPLY WITH A REQUEST TO MOVE ON, THE PERSON MUST MOVE AT LEAST 500 FEET FROM THE SPOT OF HIS OR HER STANDING OR LOITERING.
§ 25 3. Bus and railroad stations.
(b) Prohibited conduct.
(1) It [shall be] IS unlawful for any person who is without a business purpose for being there to loiter in any bus station or railroad station in such manner as to interfere with the free and uninterrupted use of the station by passengers and to refuse to leave the premises AND MOVE when requested to do so by a special officer employed by the owner of the terminal.
(2) TO COMPLY WITH A REQUEST TO MOVE ON, THE PERSON MUST MOVE AT LEAST 500 FEET FROM THE BUS STATION OR RAILROAD STATION.
§ 25 4. Schools, day care centers, and family support centers.
(a) Prohibited conduct.
(1) It is unlawful for any person who is without a business purpose for being there to loiter in any public or private school building, group day care center, or community family support centers, around an entrance [thereof] OF ANY OF THEM, upon the school or center grounds, or upon a public way within 100 yards of the school or center grounds, and to refuse to leave [such] THE premises AND MOVE ON when requested to do so by a school security officer, a center representative, or a police officer.
(2) TO COMPLY WITH A REQUEST TO MOVE ON, THE PERSON MUST MOVE AT LEAST 500 FEET FROM THE SCHOOL OR CENTER GROUNDS.
Subtitle 26. Loitering - Drug-Free Zones
§ 26 6. Prohibited conduct.
(a) In general.
It is unlawful for any person to loiter about or remain at any public way, public place, or place open or legally accessible to the public within a certified drug free zone[, as herein provided,] for the purpose of engaging in drug related activity that is prohibited by any of the provisions of [Article 27, Subtitle Health Controlled Dangerous Substances of the Maryland Code relating to the manufacture, distribution, sale, possession, or administration of substances covered therein] THE MARYLAND CONTROLLED DANGEROUS SUBSTANCES ACT.
(b) Refusal to leave.
(1) A police officer shall first request a person suspected of loitering under this subtitle within a drug free zone to [leave the premises] MOVE ON.
(2) Failure to obey the police officer [shall subject] SUBJECTS the person to arrest.
(3) TO COMPLY WITH A REQUEST TO MOVE ON, THE PERSON MUST MOVE AT LEAST 500 FEET FROM THE SPOT OF HIS OR HER LOITERING.
Subtitle 27. Loitering - Prostitution
§ 27 3. Prohibited conduct.
(A) IN GENERAL.
It shall be unlawful for any person [or persons,] who [are] IS remaining, standing, loitering, or wandering about at any public place or place open or legally accessible to the public in such a manner as to beckon to, or repeatedly stop, or repeatedly attempt to engage passersby in conversation, or repeatedly stop or attempt to stop motor vehicles, or repeatedly interfere with the free passage of other persons, for the purpose or with the intention of either engaging in [and/or] OR promoting prostitution, lewdness, or assignation, to disobey a request by a police officer to move on.
(B) STANDARD OF COMPLIANCE.
TO COMPLY WITH A REQUEST TO MOVE ON, THE PERSON MUST MOVE AT LEAST 500 FEET FROM THE SPOT OF HIS OR HER REMAINING STANDING, LOITERING, OR WANDERING ABOUT.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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