Loitering Ordinance

Adopted:	July 27, 1976 Amended:	Oct. 24, 1994

LOITERING ORDINANCE Sec. 2:201	Definitions

1.	`Begging' shall mean the solicitation of money or other valuable
consideration without giving consideration in return.

2.	"Loitering" shall mean remaining in essentially one location and
shall include the concept of spending time idly; to be dilatory; to
linger; to stay; to saunter; to delay: and to stand around.

3.	"Public Place" shall mean any place to which the general public has
access and a -right to resort for business, entertainment, worship or
other lawful purpose, but does not necessarily mean a place devoted
solely to the uses at the public. It shall also include the front or
immediate area of any store, shop, restaurant, tavern or other place
of business, or church, and also pubic streets, ways, grounds, area or
parks.

Sec. 2:202 Loitering Prohibited

It shall be unlawful for any person to loiter either along and/or in
consort with others in a public place in such manner so as to:
1.	Obstructing Traffic. Obstruct any public street, public highway,
public sidewalk or any other public place or building by hindering or
impeding or tending to hinder or impede the free and uninterrupted
passage of vehicles, traffic or pedestrians.

2.	Interference with Business or Property Use. Commit in or upon any
public street, public highway! public sidewalk or any other public
place or building any act or thing which is an obstruction or
interference to the free and uninterrupted use of property or with any
business awfully conducted by anyone in or upon or facing or fronting
on any such public street, public highway, public sidewalk or any
other public place or building, all of which prevents the free and
uninterrupted ingress and egress, and regress therein, thereon, and
thereto. Sec. 2:203	Violations.

When any person causes or commits any of the conditions enumerated in
Section 2:201 (1) and (2) a police officer or any law enforcement
officer shall order that person to stop causing or committing such
conditions and to move on or disperse. Any person who fails or refuses
to obey such orders shall be guilty of a violation of that section.

Sec. 2:204 Panhandling

I.	Begging Prohibited. It shall be unlawful for any person to loiter
either for the purpose of begging or to beg either alone and or in
consort with others in a public place. 2.	Exceptions. The provisions
of this section shall not apply to any organization or society that is
organized and operated exclusively for religious, educational,
philanthropic, benevolent, fraternal, charitable, or reformatory
purposes, not operated for pecuniary profit, where no part of the net
earnings of which inures to the benefit of any person, private
shareholder or individual and provided that any person conducting such
solicitation is duly identified as being the authorized agent of such
organization or society. Sec. 2:206	Penalty

Any person found guilty of a violation of Sections 2:202 and 2:204
shall be subject to a penalty of not less than twenty-five dollars
($25) and not more than One hundred	dollars ($100) for each and every
offense.	(The imposition of a penalty for violation shall not excuse
the violation or permit it to continue.) Such violation shall be
remedied within a reasonable time, or within such time limit as may be
specified in any notice given to the owner or occupant of the premises
by the Town Manager, and each day such violation continues to exist
following the expiration of the time limit specified in any such
notice shall constitute a separate offense. The application of a
penalty shall not be held to prevent the enforced removal of
prohibited conditions, nor preclude the Town Attorney from causing to
be instituted an appropriate action to prevent, restrain, correct or
abate any violation of those sections.

(State Law Reference: 17-A MPSA ss 501--505; 9 MRSA ss 6001 et sec.)