Chapter 135

 LOITERING

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere: Art. I, 10-13-1966 as Ord. No. 85; Art. II, 4-10-1980 as Ord. No. 145. Amendments noted where applicable.]

GENERAL REFERENCES

Curfew -- See Ch. 87.

Disorderly conduct -- See Ch. 91.

ARTICLE I

Disturbing the Peace

[Adopted 10-13-1966 as Ord. No. 85]

~ 135-1. Legislative findings.

  In order to protect the public safety and security of the residents and citizens of the Town of Elsmere, it is hereby declared to be unlawful for any person to commit any of the following acts as hereinafter defined.

~ 135-2. Prohibited acts.

     A.     No person shall disturb the peace by:

          (1)     Being intoxicated in a public place.

          (2)     Participating or abetting in any rude, indecent, riotous, drunken or violent conduct.

           (3)     Using any vulgar, obscene or abusive language in any public place.

           (4)     Committing an obscene, indecent or immoral act in any public place.

           (5)     Inciting any other person to commit any breach of the peace.

           (6)     Drinking intoxicating liquor in a public place other than premises licensed to sell intoxicating liquor for consumption on the premises.

     B.   No person shall knowingly permit any disorderly conduct on any premises owned or controlled by him.

~ 135-3. Loitering: sidewalks.

     A.   No person or group of persons shall so gather or stand upon any sidewalk in such manner as to prevent, impede or obstruct the free passage of pedestrian traffic.

     B.   No person or persons shall fail or refuse to disperse when lawfully ordered to do so by any police officer.

~ 135-4. Night prowling.

  Any person who wanders or prowls about streets, alleys or other public ways or places, or who is found abroad at late or unusual hours in the night without any visible or lawful business and not giving a satisfactory account of himself shall be deemed guilty of night prowling.

~ 135-5. Threatening bodily harm or assault.

  Any person who places another in fear of bodily harm by the use of threatening words or gestures, with the apparent or actual ability to carry out such threats, shall be deemed guilty of threatening bodily harm.

~ 135-6. Violations and penalties.

  Any person violating any of the provisions of this Article shall, upon conviction, be punished by fine of not less than twenty-five dollars ($25.) nor more than one hundred dollars ($100.), or by imprisonment in the New Castle Correctional Institution for a period of not more than ninety (90) days, or by both fine and imprisonment.

ARTICLE II

General Provisions

[Adopted 4-10-1980 as Ord. No. 145]

~ 135-7. Loitering.

  A person or persons are guilty of loitering when:

     A.   They stand, sit idling or loiter upon any pavement, sidewalk or crosswalk, or stand or sit in a group or congregate with others, on any street or way open to the public in this county so as to obstruct or hinder the free and convenient passage of persons walking, riding or driving over or along such pavement, walk, street or way, and shall fail to make way, remove or pass, after reasonable request from any person;

     B.   They loiter or remain in or about a school building or grounds, not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there, unless they have written permission from the principal;

     C.   They loiter or remain or wander about in a public place for the purpose of begging; or

     D.   They loiter or remain in a public place for the purpose of engaging or soliciting another person to engage in sexual intercourse or deviant sexual intercourse.

~ 135-8. Opportunity to dispel alarm.

  Unless flight by the person or persons in question or any other circumstances makes it impracticable, a peace officer, prior to any arrest for an offense under this section, shall afford the person or persons in question an opportunity to dispel any alarm which would otherwise be warranted, by requesting them to identify themselves and explain their presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears that the explanation given to the person or persons in question was true, and, if believed by the peace officer at the time, would have dispelled the alarm.

~ 135-9. Enforcement by peace officer.

  If, after affording the person or persons in question an opportunity to identify themselves and to explain their presence or conduct, the peace officer has reason to believe the alarm which prompted him to approach the individuals in question has not been dispelled, he shall tell them to disperse or to move on. He shall also tell them how they have violated this Article and shall warn them that if they continue to act in violation of this Article they will be arrested and will be liable to the fines and/or other penalties described in ~ 135-11 below. This warning shall continue in effect for forty-five (45) days following the day on which it is given, and shall be entered into a record and within that time no additional warning shall be required in order to make an arrest under ~ 135-10 below.

~ 135-10. Arrest for offense.

  Where a person or group of persons are ordered to move on or disperse for an offense under any preceding subsection, and thereafter where any police officer, in the exercise of reasonable judgment, shall determine that the person or group of persons are found loitering or congregating in violation of any preceding subsection, no further warning shall be required prior to an arrest.

~ 135-11. Violations and penalties.

  A person who is found in violation of this Article shall for the first offense be punished by fine of not less than fifty dollars ($50.) nor more than two hundred dollars ($200.). For each subsequent like offense, he shall be fined not less than one hundred dollars ($100.) nor more than five hundred dollars ($500.) or imprisoned for a term not to exceed sixty (60) days, or both. All other ordinances, particularity Ordinance No. 120, in conflict with the above are hereby repealed or amended as stated above. Such action shall not, however, abate a right of action already occurred under any repealed ordinance.