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Wilmington, DE Public Conduct: Loitering Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
City Code § 36-68
Trigger distance
Within 50 feet of covered property
First-offense fine
$100
Repeat-offense fine
$500 each
Business duty
Must post no-loitering sign

Summary

Wilmington bans loitering within 50 feet of homes, businesses, and vacant properties when it blocks a sidewalk or ignores a police order to move on, with escalating fines up to $500 per repeat offense.

A person is guilty of loitering under this section when, within 50 feet of a single-family or multifamily residence, or within 50 feet of a business...or within 50 feet of any vacant property...: (1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; (2) The person stands, sits idly or loiters upon any pavement, sidewalk or crosswalk...so as to obstruct or hinder the free and convenient passage of other persons...and shall fail to make way, remove or pass, after reasonable request from any other person.

Source: Wilmington City CodeView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).

Full Breakdown

City Code § 36-68 makes it loitering to refuse a police order to move on, or to stand, sit, or block a sidewalk, crosswalk, or doorway within 50 feet of a single-family or multifamily residence, a business open to the public, or a vacant property in a residential or commercial district. Businesses covered by the section must post a sign warning customers that loitering is prohibited. First offense draws a $100 fine, rising to $250, then $450, then $500 for each later violation within five years, and none of these fines can be suspended or reduced.

Violations & Fines

First offense: $100. Second offense: $250. Third offense: $450. Fourth and later offenses within five years: $500 each, with no suspension or reduction of the fine allowed.

Frequently Asked Questions

Does Wilmington's loitering law apply everywhere in the city?
No. It applies within 50 feet of a residence, a public-facing business, or a vacant property in a residential or commercial district.
Can I be arrested just for standing on a sidewalk?
Only if you block passage and refuse to move after a reasonable request, or ignore a lawful police order to move on.
Do the loitering fines increase for repeat offenses?
Yes. Fines rise from $100 to $250, $450, then $500 for each violation within five years, none reducible.

Sources & Official References

Other rules in Wilmington

Parking Rules: RV & Boat ParkingSignificant RestrictionsLoud Party OrdinanceSome RestrictionsSkateboarding RulesSignificant RestrictionsPublic Alcohol UseSome RestrictionsJaywalkingSome RestrictionsNoise Ordinances: Decibel LimitsSome RestrictionsParking Rules: Curb Color RulesSome RestrictionsParking Rules: Commercial & Oversized VehiclesHeavy RestrictionsFence Regulations: Fence Permit RequirementsSome RestrictionsFence Regulations: Retaining WallsSome Restrictions

All Wilmington rules

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