HAGERSTOWN – City police are recommending changes to Hagerstown’s loitering ordinance to remove provisions that have been deemed unconstitutional for decades, while retaining core sections as a tool for voluntary compliance.
During an Aug. 12 mayor and City Council work session, police officials reviewed Chapter 142 of the city code, which was adopted in 1995. The law defines loitering as idling in one location without purpose. It lists a range of related offenses, including obstructing pedestrian or vehicle traffic, creating disturbances or engaging in illegal acts.
However, portions that restrict loitering within 50 feet of establishments selling alcohol have been considered unconstitutional since the late 1980s, following legal review by the city attorney and the Maryland attorney general’s office. Those provisions have not been enforced, but remain in the code.
Police said loitering itself is not an arrestable offense unless tied to another violation, such as disorderly conduct or trespassing. No arrests under the loitering ordinance have been made in the past five years. Most incidents, officials said, are resolved when officers ask individuals to move along.
Despite limited enforceability, police noted the ordinance still has value. Its presence allows officers to address situations informally and provides a basis for businesses to post signs discouraging lingering. For stronger enforcement, they recommend property owners use “No Trespassing” signs, which are supported by state law.
The department suggested the city formally remove the unconstitutional sections and retain the rest of the ordinance for its deterrent effect. Council members did not take a vote on the recommendation, but are expected to consider updates in a future session.
