Woe is the poor bureaucrat whose job it is to write this chapter of the municipal code. Not quite all loitering definitions are as comically tautological as New York's ("A person is guilty of loitering when he: loiters"), but almost all of definitions evidence a considerable amount of struggle and provoke a very basic question: how can such vague language be enforceable? (To say nothing of the murky First Amendment issues in play here.)
Here is a sampling of some of our favorite loitering definitions, taken from ordinances around the country:
-"'loiter'
means to delay or linger without a lawful purpose for being on the property and
for the purpose of committing a crime as opportunity may be discovered."
--California
Laws, Penal Code
"
a person commits the defense of loitering or prowling when he is in a place at
a time or in a manner not usual for law-abiding individuals under circumstances
that warrant a justifiable and reasonable or immediate concern for the safety
of persons or property in the vicinity."
--Legal
definition of loitering in Georgia
"Loitering--remaining
idle in essentially one location, and includes the concept of spending time
idly, to be dilatory, to linger, to stay, to saunter, to delay, to stand around
and shall also include the colloquial expression "hanging around."
--Township
committee of the Township of Barnegat, Ocean County, New Jersey
"If
a person is said to be loitering, it means that he/she is standing around idly,
delaying, wandering around, remaining, or tarrying in a public place."
--Colorado
state's definition of loitering
“Loiter:
to idle, stand, remain, tarry or collect, gather or be a member of a group or
crowd of people who are gathered together on any commercial or public premises
(a) without conducting any lawful business or communication with the owner or
operator thereof or (b) having completed such business or commencement, to
remain on such premises an unreasonable length of time where prohibited by
signs or after having been directed to leave by such owner, operator or
authorized agent or a police officer."
--City
of District Heights, Maryland's definition of loitering
"Loitering
defined...F. Returns, for no apparent lawful business or purpose, to the same
public or private property from which the person was asked to leave within the
previous 24 hours."
--City
of Glenarden, Maryland's definition of loitering
"Loiter-
To sit, stand, loaf, lounge, wander or stroll in an aimless manner or to stop,
pause or remain in an area for no obvious reason."
--Village
of Albany's definition of loitering
ReplyDeleteA loitering ordinance is a municipal law designed to maintain public order and safety. It helps deter unwanted gatherings in certain areas. While it aims to enhance security, it's crucial to balance enforcement with individual rights. Best 7 Games Striking this balance ensures communities remain safe and inclusive for all residents.