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§ 10-201. Disturbing the public peace and disorderly conduct

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 10. Crimes Against Public Health, Conduct, and Sensibilities
Subtitle 2. Disturbing the Peace, Disorderly Conduct, and Related Crimes
MD Code, Criminal Law, § 10-201
Formerly cited as MD CODE Art. 27, § 121
§ 10-201. Disturbing the public peace and disorderly conduct
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Public conveyance” means a conveyance to which the public or a portion of the public has access to and a right to use for transportation.
(ii) “Public conveyance” includes an airplane, vessel, bus, railway car, school vehicle, and subway car.
(3)(i) “Public place” means a place to which the public or a portion of the public has access and a right to resort for business, dwelling, entertainment, or other lawful purpose.
(ii) “Public place” includes:
1. a restaurant, shop, shopping center, store, tavern, or other place of business;
2. a public building;
3. a public parking lot;
4. a public street, sidewalk, or right-of-way;
5. a public park or other public grounds;
6. the common areas of a building containing four or more separate dwelling units, including a corridor, elevator, lobby, and stairwell;
7. a hotel or motel;
8. a place used for public resort or amusement, including an amusement park, golf course, race track, sports arena, swimming pool, and theater;
9. an institution of elementary, secondary, or higher education;
10. a place of public worship;
11. a place or building used for entering or exiting a public conveyance, including an airport terminal, bus station, dock, railway station, subway station, and wharf; and
12. the parking areas, sidewalks, and other grounds and structures that are part of a public place.
Construction of section
(b) For purposes of a prosecution under this section, a public conveyance or a public place need not be devoted solely to public use.
Prohibited
(c)(1) A person may not willfully and without lawful purpose obstruct or hinder the free passage of another in a public place or on a public conveyance.
(2) A person may not willfully act in a disorderly manner that disturbs the public peace.
(3) A person may not willfully fail to obey a reasonable and lawful order that a law enforcement officer makes to prevent a disturbance to the public peace.
(4) A person who enters the land or premises of another, whether an owner or lessee, or a beach adjacent to residential riparian property, may not willfully:
(i) disturb the peace of persons on the land, premises, or beach by making an unreasonably loud noise; or
(ii) act in a disorderly manner.
(5) A person from any location may not, by making an unreasonably loud noise, willfully disturb the peace of another:
(i) on the other's land or premises;
(ii) in a public place; or
(iii) on a public conveyance.
(6) In Worcester County, a person may not build a bonfire or allow a bonfire to burn on a beach or other property between 1 a.m. and 5 a.m.
Penalty
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $500 or both.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.
Formerly Art. 27, § 121.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This section is new language derived without substantive change from former Art. 27, § 121.
Subsection (b) of this section is revised as a construction provision for clarity.
In subsection (a)(2)(i) and (3)(i) of this section, the former references to the “general” public are deleted as unnecessary.
In subsection (a)(2)(ii) of this section, the former reference to a “boat” is deleted as included in the comprehensive reference to a “vessel”.
Also in subsection (a)(2)(ii) of this section, the former reference to a “school bus” is deleted in light of the comprehensive reference to a “school vehicle”.
In subsection (a)(3)(ii)12 of this section, the former reference to parking “lots” is deleted as included in the reference to “parking areas”.
In subsection (c)(5) of this section, the former phrase “in a place of business” is deleted as included in the definition of “public place”.
Defined term: “Person” § 1-101
HISTORICAL AND STATUTORY NOTES
Derivation:
Former Art. 27, § 121, related to obstructing or hindering free passage in a public place or on a public conveyance, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 10-201, MD CRIM LAW § 10-201
Current through all legislation from the 2019 Regular Session of the General Assembly.
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