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Be It Enacted and Ordained by the Board of Commissioners of the Town of Emmitsburg, Maryland that Chapter 9.08.060 of the Emmitsburg Municipal Code be, and it hereby is, amended as follows:

The amended section of this regulation reads as follows with new language designated by being in BOLD CAPITAL LETTERS, and language being deleted designated by being stricken through.

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9.08.60 - Loitering.

A. Definitions.

"Adult" means any person eighteen (18) years of age or older.

"Juvenile" means any person under the age of eighteen (18).

"Loitering" means remaining idle in essentially one location and shall include the concepts of spending time idly, standing around, loafing, or walking about aimlessly, and shall also include the colloquial expression "hanging around."

"Public places" includes not only streets, alleys and sidewalks, but also any place to which the general public has access and right to resort for business, entertainment or other lawful purpose. It does not necessarily mean a place devoted solely to the uses of the public. It also includes the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, area or parks.

B. Unlawful Activity. It is unlawful for any person to loiter, loaf, wander, stand or remain idle, either alone or in consort with others, in a public place in such a manner as to:

1. Create or cause to be created a danger of a breach of the peace;
2. Create or cause to be created any disturbance or annoyance to the comfort and repose of any person;
3. Obstruct any public street or 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;
4. Commit in or upon any public street or highway, public sidewalk or any other place or building any act which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street or highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress and egress therein, thereon and thereto;
5. Obstruct, molest or interfere with any person lawfully in any public place;
6. Solicit or engage in any lewd, lascivious or illegal act, including prostitution;
7. Solicit money or other valuable consideration without giving consideration in return;
8. Making of unsolicited remarks, of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing they are made.

C. Violation. Whenever the presence of any person in any public place is causing any of the conditions enumerated in subsection (B) of this section, 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 after being ordered to do so by a police officer shall be guilty of a violation of this section.

D. Penalty. If any person commits an offense as set forth in this section, said offensePERSON shall be considered a misdemeanor, and shall be punishable by a fine not to exceed five hundred dollars ($500.00) and/or imprisonment not to exceed ninety (90) days FINED UP TO TWO HUNDRED FIFTY DOLLARS ($250.00) PER OFFENSE.

(Ord. 95-15 § 1: prior code Art. VIII § 7)

Be it Further Resolved, Enacted and Ordained that this Ordinance shall take effect on the date on which the Mayor approves the Ordinance after passing by the Board of Commissioners or on the date on which the Board of Commissioners pass the Ordinance over the veto of the Mayor.

Passed this 6th day of December 2011, by a vote of 5 for, 0 against, 0 absent, and 0 abstain.