A person must not lurk, loiter or prowl in any place, at a time or in a manner not usual for law abiding individuals, under circumstances that warrant alarm for the safety of persons or property in the vicinity.
(A) Circumstances causing alarm. The following are circumstances that may be considered in determining whether alarm is warranted, but are not limited to:
(1) The fact that the person takes flight upon the appearance of a police officer;
(2) The fact that the person refuses to identify himself or herself; and/or
(3) The fact that the person endeavors to conceal himself or herself or an object.
(B) Authority to detain. A police officer may stop and briefly detain a person suspected of violating the above if the person’s behavior reasonably causes suspicion of criminal activity. The officer’s reasonable suspicion must be based on objective, articulable facts and reasonable inferences drawn from the circumstances surrounding the incident and the person’s behavior.
(C) Opportunity to dispel alarm. Unless flight by the person or other circumstances make it impracticable, a police office must, prior to arrest for the above violation, allow the person an opportunity to dispel any alarm which would otherwise be warranted by requesting that the person identify himself or herself and explain his or her presence and conduct. If it can be determined by the officer that there is a suitable explanation for the individual’s conduct, no arrest shall be made. However, where lawful to do so, the officer, at his or her discretion, may order the individual to leave the premises. The above person, when requested, must provide the officer with some type of identification that would allow the officer to positively identify said person.
(D) Obstructing public passage.
(1) A person may not loiter, stand, sit or lie in or upon any public property, private sidewalk, street, curb, crosswalk, walkway area, parking lot or other portion of private property open for the public use, so as to unreasonably block, obstruct or hinder free passage of the public.
(2) A person must not unreasonably block, obstruct or hinder free access to the entrance of a building or part of a building open to the public without the consent of the owner or occupant.
(3) A person may not be arrested or convicted under this provision until after a police officer has informed the person that his or her action violates this section. An arrest may be made if he or she refuses to terminate the violation or if he or she commits the same violation, at the same premises, within 30 days after being warned of the violation.
(Ord. 336, passed 1-20-2009) Penalty, see § 130.99