Portland, ME Public Conduct: Loitering Rules (2026)

Chapter 17, Article I of Portland's Code of Ordinances defines loitering broadly under Sec. 17-1(a)(1) as remaining in essentially one location, whether seated or standing, and spending time idly, lingering, sauntering or delaying, a definition that covers both individuals and groups acting in consort. Sec. 17-1(b) makes it unlawful to loiter in a 'public place,' defined in subsection (a)(2) to include streets, sidewalks, ways, grounds, schools, parks and the front or immediate area of any store, shop, restaurant or tavern, in a manner that does any of four things: obstructs free passage of vehicles, traffic or pedestrians on a public street, highway, sidewalk or place; interferes with the free use of property or any lawfully conducted business fronting a public way; manifests a purpose to solicit or engage in sexual intercourse for pecuniary benefit; or manifests a purpose to traffic in a scheduled or counterfeit drug or hypodermic apparatus.

Critically, Sec. 17-1(c) does not make loitering itself a strict-liability offense, a police or other law enforcement officer must first order the person to stop and to move on or disperse, and only a failure or refusal to obey that order is punishable as a violation of the section. 1A and was last substantively amended by Ord. No. 358-92 on June 3, 1992. A cross-reference in the chapter also points to a separate loitering-in-parks provision at Sec. 18-18 and to Chapter 25's general streets and sidewalks rules.