New Castle County, DE Public Conduct: Loitering Rules (2026)
Key Facts
- Governing section
- New Castle County Code § 22.02.003
- Warning validity
- 45 days once issued
- First-offense fine
- At least $100
- Repeat-offense penalty
- Up to $1,000 or 30 days jail
- Where it applies
- Unincorporated New Castle County only
Summary
County police can order groups blocking sidewalks, loitering at schools, or soliciting for begging or sex to disperse, then arrest those who ignore the warning under Chapter 22's loitering offense.
A.Offense described. A person is guilty of loitering when such person:1.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 or crosswalk in any street or way open to the public in this County so as to obstruct or hinder the free and convenient passage of persons walking, riding or driving over or along such pavement, walk, street or way and such person fails to make way, remove or pass, after reasonable request from any person;
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).
Full Breakdown
New Castle County's loitering offense covers obstructing sidewalks by standing or congregating so others can't pass, loitering at a school without a legitimate reason or the principal's permission, begging in public, and soliciting sex in a public place. Before arresting anyone, a police officer must give the person a chance to explain, and if unconvinced, must warn them to disperse -- that warning stays valid for 45 days, so a later violation needs no fresh warning. This is a County Police ordinance enforced in unincorporated New Castle County; Wilmington and Newark, which have their own municipal codes and police, are not covered by it.
Violations & Fines
First conviction: fine of at least $100; a second within 12 months, $125-$500; a third or more, $150-$1,000 and up to 30 days in jail, under Section 1.01.009.
Frequently Asked Questions
Can I be arrested for loitering on a sidewalk in New Castle County?
Does this loitering law apply in Wilmington or Newark?
Is begging illegal countywide?
Sources & Official References
Other rules in New Castle County
Compare New Castle County to another location·View the Delaware public conduct overview
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