<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="Subtitle 25 – Loitering - General">
  <section prefix="§" num="25-1" heading="Public places.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="Loiter.">“Loiter” means:<para num="(i)">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 law; or</para>
        <para num="(ii)">to collect, gather, congregate, or to 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 law.</para>
      </para>
      <para num="(2)" heading="Place open to the public.">
        <para num="(i)">“Place open to the public” means 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, cemetery, or any place of amusement and entertainment, whether or not a charge of admission or entry thereto is made.</para>
        <para num="(ii)">It includes the elevator, lobby, halls, corridors, and areas open to the public of any store, office, or apartment building.</para>
      </para>
      <para num="(3)" heading="Public place.">“Public place” means 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, public parking lot, or any vacant lot.</para>
    </para>
    <para num="(b)" heading="Prohibited loitering.">
      <para num="(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 manner:<para num="(i)">to interfere with, impede, or hinder the free passage of pedestrian or vehicular traffic;</para>
        <para num="(ii)">to interfere with, obstruct, harass, curse, or threaten or to do physical harm to another member or members of the public; or</para>
        <para num="(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.</para>
      </para>
      <para num="(2)">It shall be unlawful for any person to loiter 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.</para>
    </para>
    <para num="(c)" heading="Scope.">
      <para num="(1)">No person shall be charged with a violation of this section unless and until the arresting officer has first warned the person of the violation and the person has failed or refused to stop the violation.</para>
      <para num="(2)">Nothing herein shall be construed to prohibit orderly picketing or other lawful assembly.</para>
    </para>
    <para num="(d)" heading="Penalties.">Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or imprisonment for not more than 10 days, or both fine and imprisonment in the discretion of the court.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 19, §58B</annotation>
    <annotation type="History">Ord. 79-1195</annotation>
  </section>
  <section prefix="§" num="25-2" heading="Liquor establishments, drug abuse centers, or amusement arcades.">
    <para num="(a)" heading="Prohibited conduct.">It is unlawful for any person who is standing or loitering<para num="(1)">within 100 feet of a Class A, B, B-D7, C, or D retail establishment which sells alcoholic beverages, or</para>
      <para num="(2)">within 50 yards of a<para num="(i)">drug abuse rehabilitation and treatment center, or</para>
        <para num="(ii)">a structure housing indoor entertainment (as that term is defined in Baltimore City Zoning Code § 1-306(b) {“Entertainment: Indoor”}),</para>
      </para>
    </para>
    <para num="(b)" heading="Measurements.">The distances specified in this section are to be measured along the street or other public way in both directions from the center of the main entrance, or any other entrance used by the public, of the establishment, center, or arcade.</para>
    <para num="(c)" heading="Exception.">Nothing in this section prevents property owners or their guests from sitting on their front steps or standing on their sidewalk in front of their property, regardless of whether or not the property is within the distances specified in this section.</para>
    <para num="(d)" heading="Penalties.">Any person who violates the provisions of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 19, §56</annotation>
    <annotation type="History">Ord. 70-822</annotation>
    <annotation type="History">Ord. 71-1070</annotation>
    <annotation type="History">Ord. 82-701</annotation>
    <annotation type="History">Ord. 99-439</annotation>
    <annotation type="History">Ord. 16-581</annotation>
  </section>
  <section prefix="§" num="25-3" heading="Bus and railroad stations.">
    <para num="(a)" heading="“Loitering” defined.">“Loitering”:<para num="(1)">shall mean remaining idle in essentially 1 location;</para>
      <para num="(2)">shall include the concept of spending time idly, to be dilatory, to linger, to stay, to saunter, to delay, to stand around; and</para>
      <para num="(3)">shall also include the colloquial expression “hanging around”.</para>
    </para>
    <para num="(b)" heading="Prohibited conduct.">It shall be 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 when requested to do so by a special officer employed by the owner of the terminal.</para>
    <para num="(c)" heading="Penalties.">Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or imprisonment for not more than 30 days, or both fine and imprisonment, in the discretion of the court.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 19, §57</annotation>
    <annotation type="History">Ord. 74-589</annotation>
  </section>
  <section prefix="§" num="25-4" heading="Schools, day care centers, and family-support centers.">
    <para num="(a)" heading="Prohibited conduct.">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, 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 premises when requested to do so by a school security officer, a center representative, or a police officer.</para>
    <para num="(b)" heading="Penalties.">Any person violating the provisions of this section is guilt of a misdemeanor and, upon conviction thereof, is subject to a fine of not more than $500 or imprisonment for not more than 90 days, or both fine and imprisonment, in the discretion of the court</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 19, §58</annotation>
    <annotation type="History">Ord. 75-976</annotation>
    <annotation type="History">Ord. 91-839</annotation>
  </section>
  <section prefix="§" num="25-5" heading="Emergency Scene.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this subsection, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Authorized person.">
        <para num="(i)" heading="In general.">“Authorized person” means a person who is given permission to be present within the boundaries of an emergency scene by the Chief.</para>
        <para num="(ii)" heading="Inclusions.">“Authorized person” may include:<para num="(A)">personnel from the Baltimore City Fire Department;</para>
          <para num="(B)">personnel from the Baltimore Police Department;</para>
          <para num="(C)">a victim of the fire;</para>
          <para num="(D)">a family member of a victim of the fire;</para>
          <para num="(E)">a community- or volunteer-based nonprofit organization that supports and assists victims and survivors of disasters;</para>
          <para num="(F)">personnel from the Baltimore City Department of Housing and Community Development; or</para>
          <para num="(G)">an official, as defined in &lt;cite data-path="8|§2-21"&gt;City Code, Article 8, § 2-21&lt;/cite&gt;, with identification issued by the City.</para>
        </para>
      </para>
      <para num="(3)" heading="Chief.">“Chief” means the Chief of the Baltimore City Fire Department or the Chief’s designee.</para>
      <para num="(4)" heading="Department.">“Department” means the Baltimore City Fire Department.</para>
      <para num="(5)" heading="Emergency scene.">“Emergency scene” means the immediate area necessary for the Department to investigate an emergency.</para>
    </para>
    <para num="(b)" heading="Prohibited conduct.">
      <para num="(1)" heading="In general.">A person may not loiter within the boundaries of an emergency scene.</para>
      <para num="(2)" heading="Exception.">An authorized person, as defined under subsection (a)(2) of this section, may be present within the boundaries of an emergency scene.</para>
    </para>
    <para num="(c)" heading="Scope.">No person may be charged with a violation of this section unless and until the arresting officer has first warned the person of the violation and the person has failed or refused to stop the violation.</para>
    <para num="(d)" heading="Penalties.">Any person who violates the provisions of this section is guilty of a misdemeanor and, on conviction is subject to a fine of not more than $500 or imprisonment for not more than 60 days, or both fine and imprisonment.</para>
    <para num="(e)" heading="Each violation a separate offense.">Each violation of the provisions of this section is a separate offense.</para>
    <annotation type="History" />
  </section>
  <section prefix="§" num="25-6" heading="Enforcement by citation.">
    <para num="(a)" heading="In general.">In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation under City Code &lt;cite data-path="|1"&gt;Article 1&lt;/cite&gt;, Subtitle 41 {“Civil Citations”}.</para>
    <para num="(b)" heading="Method not exclusive.">The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.</para>
    <annotation type="History">Ord. 03-595</annotation>
  </section>
</baltimore-city-law>
