Kent County, DE Public Conduct: Loitering Rules (2026)
Key Facts
- Governing chapter
- Kent County Code Chapter 168, Parks and Recreation
- Loitering ban
- §168-33(A): no loitering or unlawful assembly in parks
- Comfort station rule
- §168-23(C): no loitering in or around comfort stations
- Maximum fine
- $100 per violation under §168-39(A)
- Enforcing agency
- Kent County Parks Division, Dept. of Community Services
- Permit consequence
- Violators must surrender any park permit under §168-32
Summary
Kent County bans loitering and unlawful assembly in its parks and forbids lingering in or around comfort stations except to use them for their intended purpose. The Parks Division enforces the rule, and violators face the Chapter 168 general penalty of up to $100 per offense, plus loss of any park permit already issued.
No permit shall be issued for a function for any purpose if it appears that the conduct of the function may reasonably be expected to deprive the public of the reasonable use and enjoyment of the park or interfere with the public's right for free passage in the park. No loitering or unlawful assembly in parks is permitted.
Full Breakdown
' Read together, the two sections let park staff move people along both from restrooms and pavilions and from any gathering that blocks public access to park grounds, whether or not a permit is involved. The rules sit inside Chapter 168, Parks and Recreation, adopted by the Levy Court to govern conduct in facilities the Department of Community Services, Parks Division runs, and apply only on county park land, not on county roads or private property. Anyone who holds a park permit and is found loitering in violation of these sections can also be required, under § 168-32, to surrender that permit to the Division immediately on demand, and the Division may withhold future permits until it is satisfied the person will comply.
Violations & Fines
Kent County Code § 168-39(A) sets a general penalty of not more than $100 for each violation of Chapter 168 where no other penalty is specified, so a loitering or unlawful-assembly citation in a county park carries up to that fine. Under § 168-39(D), the case is tried in state court for the county in which the park sits, and a related park permit can be revoked on the spot under § 168-32.
Frequently Asked Questions
Is loitering illegal in all of Kent County or just parks?
What counts as loitering at a park building?
What happens if I'm cited for loitering in a Kent County park?
Sources & Official References
Other rules in Kent County
Compare Kent County to another location·View the Delaware public conduct overview
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