Sec. 36-66. - Consumption of alcohol on streets prohibited.

(a)

No person shall drink or consume an alcoholic beverage, or possess, with intent to drink or consume, an open container containing an alcoholic beverage in any public place except at a block party, feast or similar function for which a permit has been obtained. For purposes of this section, the term "public place" shall mean a place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, sidewalk, parking area, shopping area, place of amusement or playground located within the city and any city park, except that the definition of public place shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within their own private property.

(b)

Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this section.

(c)

A conviction of violation of this section shall be punishable by a fine of not less than $100.00, or community service as ordered by the court having jurisdiction or both such fine and community service, and not more than $500.00 or by both such fine and imprisonment not exceeding five days. The minimum sentence of a $100.00 fine shall not be subject to suspension or reduction for any reason.

(Code 1968, § 39-24.1; Ord. No. 00-103, § 1, 8-24-00)

Cross reference— Streets, sidewalks and other public places, ch. 42.

Sec. 36-67. - Endurance contests.

(a)

It shall be unlawful for any person engaged in the operation of any marathon or walking contest, marathon dance, walkathon or other similar physical endurance contest, performance or exhibition held in the city, or to operate or conduct the same between the hours of 12:00 midnight and 8:00 a.m. of the following day.

(b)

It shall be unlawful for any person to participate in any marathon or walking contest, marathon dance, walkathon or other similar physical endurance contest, performance or exhibition in the city between the hours of 12:00 midnight and 8:00 a.m. of the following day.

(Code 1968, § 39-29)

Sec. 36-68. - Loitering.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Public place means an area generally visible to public view and including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles, while moving or not, within 50 feet of buildings which are single-family or multifamily residences, or which are open to the general public and which serve food or drink for consumption on or off the premises, or which provide entertainment, and the doorway and entrances to such buildings and the grounds enclosing them, or any other area either publicly owned or to which the public has access or any vacant property in either a residential or commercial district as designated by section 48-96 of this Code.

(b)

Prohibited behavior. A person is guilty of loitering under this section when, within 50 feet of a single-family or multifamily residence, or within 50 feet of a business which is open to the general public and which serves food or drink for consumption on or off the premises or which provides entertainment, or within 50 feet of any vacant property in either a residential or commercial district:

(1)

The person fails or refuses to move on when lawfully ordered to do so by any police officer;

(2)

The person stands, sits idly or loiters upon any pavement, sidewalk or crosswalk, or stands or sits in a group or congregates with others on any pavement, sidewalk, crosswalk, or doorstep, in any street or way open to the public in this city so as to obstruct or hinder the free and convenient passage of other persons walking, riding or driving over or along such pavement, walk, street or way, and shall fail to make way, remove or pass, after reasonable request from any other person;

(3)

The person loiters, remains or wanders about in a public place for the purpose of begging;

(4)

The person loiters or remains in a public place for the purpose of solicitation as set forth in section 36-93; or

(5)

The person loiters, prowls, wanders or creeps in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Unless flight by the accused or other circumstances make it impracticable, a police officer shall, prior to any arrest for an offense under this subsection, afford the accused an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence or conduct. No person shall be convicted of an offense under this subsection if the police officer did not comply with the preceding sentence, or if it appears that the explanation given by the accused was true and, if believed by the police officer at the time, would have dispelled the alarm.

(c)

Notice to the public. The owner or proprietor of any business which is included within the provisions of this section shall post a sign or signs in the business premises which shall clearly state for customers to read the prohibition of loitering under this section and the penalties for violation thereof.

(d)

Penalties. Any person who violated the provisions of this section shall be fined $250.00 for his first offense, $500.00 for a second offense, $750.00 for a third offense, and $1,000.00 for every subsequent offense. These fines shall not be subject to suspension or reduction for any reason. The current offense shall be considered a subsequent offense to any offense or offenses for the same violation which have occurred within the past five years.

(Code 1968, § 39-45.2; Ord. No. 95-034, § 1, 6-8-95; Ord. No. 00-113(sub 1), § 1, 11-2-00; Ord. No. 02-123, § 1, 1-9-03)

State law reference— Loitering, 11 Del. C. § 1321; obstructing public passages, 11 Del. C. § 1323.

Secs. 36-69—36-91. - Reserved.

Editor's note—

Ord. No. 09-007(sub 1), § 1, adopted July 9, 2009, amended by deleting in its entirety § 36-69, which pertained to disorderly premises and derived from Ord. No. 98-092(sub 1), § 1, Aug. 13, 1998; Ord. No. 98-109, § 1, Sept. 30, 1998; Ord. No. 05-074, § 1, Oct. 6, 2005.