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Session Laws, 1969
Volume 692, Page 2096   View pdf image
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2096                              MUNICIPAL CHARTERS

manner as shall interfere with pedestrian or vehicular traffic, inter-
fere with or obstruct other members of the public, or cause a breach
of the peace; to further prohibit any person found loitering as defined
from refusing a police officer's reasonable order to move on; to require
identification under certain circumstances; to define the terms
"Loiter," "Public Place," and "Place Open to the Public"; providing a
misdemeanor for any violation of said Chapter; providing that a
police officer may issue a "Notice of Violation" in lieu of arresting a
violator in order to enforce said Chapter; and providing a maximum
penalty for conviction of any violation.

BE IT ENACTED BY THE COUNTY COUNCIL FOR MONTGOMERY
COUNTY, MARYLAND, that—

Section 1. There is hereby added a new Chapter designated Chapter
92A, titled "Loitering," to the Montgomery County Code 1965, to follow
immediately after Chapter 92 thereof, to read as follows:

92A-1. Definitions.

Loiter. Loiter means 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. Loiter also means to
collect, gather, congregate or 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.

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 appur-
tenant thereto, school building or school grounds, public parking lot, or
any vacant lot.

Place Open to the Public. 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 pri-
vate 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. It includes the elevator, lobby, halls, corridors and
areas open to the public of any store, office, or apartment building.

92A-2. Prohibited Conduct.

(a)    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:

(1)    To interfere, impede or hinder the free passage of pedestrian or
vehicular traffic, or

(2)    To interfere with, obstruct, harass, curse, or threaten or do
physical harm to another member "or members of the public, or

(3)    That by words, acts or other conduct it is clear that there is a
reasonable likelihood to result in a breach of the peace or disorderly
conduct.

(b)    It shall be unlawful for any person to loiter as defined in Sec.
92A-1 at a public place or place open to the public and to fail to obey the
direction of a uniformed