(a) Definition. In this section, "loiter" means for a person to:
(1) remain on a public street, sidewalk, or pathway, including one privately owned but used by the public in general, so as to obstruct the free passage of a pedestrian or vehicle after a regular or special police officer has notified the person that the action is unlawful and has requested the person to move;
(2) remain in or on a vehicle on a public street, sidewalk, or pathway, including one privately owned but used by the public in general, so as to obstruct the free passage of a pedestrian or vehicle after a regular or special police officer has notified the person that the action is unlawful and has requested the person to move;
(3) refuse or fail to leave, or refuse to remove a vehicle from, a private business, commercial establishment, or parking lot that is posted with conspicuous "No Loitering" signs if the business or establishment is not open for business and the person has been requested to leave by the owner, the owner's agent, or a regular or special police officer unless the person has written permission from the owner, lessee, or operator to be present or is window shopping under conditions and at a time of the day or night that a reasonable person would consider conducive to that activity;
(4) refuse or fail to leave a private business or commercial establishment that is open for business, or a parking lot of the business or establishment, after having been requested to do so by the owner or the owner's agent;
(5) refuse or fail to leave a public building, public grounds, or a public recreational area, or a parking lot of a public building, public grounds, or a public recreational area, after being requested to do so by a regular or special police officer or by a regularly employed guard, watchman, or other authorized employee of the agency or institution responsible for the public building, public grounds, recreational area, or parking lot if the circumstances indicate to a reasonable person that the person has no apparent lawful business or purpose to pursue at that place;
(6) refuse or fail to leave a building of, grounds adjacent to a building of, a recreational area of, or a parking lot of a public or private learning institution after being requested to do so by a regular or special police officer or by an authorized employee of the public or private learning institution if the circumstances indicate to a reasonable person that the person has no apparent lawful business or purpose to pursue at that place unless the person:
(i) is present because the person has custody of or responsibility for a pupil or student;
(ii) is present for a reason associated with the purpose of the institution, including the use of recreational areas or facilities when permitted; or
(iii) displays written permission from the principal or head of the institution or a designee of the principal or head of the institution; or
(7) return, for no apparent lawful business or purpose, to the same public or private property from which the person was asked to leave within the preceding 24-hour period.
(b) Inapplicability. This section does not prohibit picketing or orderly demonstrations by labor unions or members of the public.
(c) Prohibition and sanctions for violation. A person who loiters is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100 or imprisonment not exceeding 30 days or both for the first offense and a fine not exceeding $200 or imprisonment not exceeding 60 days or both for a subsequent offense.
(1985 Code, Art. 11, § 5-103) (Bill No. 119-93; Bill No. 19-21)