§ 130.06  LOITERING IN A PUBLIC PLACE PROHIBITED.
   (A)   It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle, either alone or in concert with others, in a public place in such a manner so as to:
      (1)   Obstruct any public street, highway, sidewalk or any other public place or building by hindering or impeding, or tending to hinder or impede, the free and uninterrupted passage of vehicles, traffic or pedestrians.
      (2)   Commit, in or upon any public street, highway, sidewalk or any other public place or building, any act, or cause any condition that obstructs or interferes with the free and uninterrupted use of property, or with any business lawfully conducted by anyone in, upon, facing or fronting thereon, or that prevents the free and uninterrupted ingress or egress thereto.
      (3)   To place any furniture, personal property, or other obstruction upon any public street, highway, sidewalk, or any other public place or right-of-way. However, it shall not be unlawful to place temporary lawn furniture upon a public sidewalk so long as the temporary lawn furniture is not left overnight, and so long as there is a minimum three feet-wide ingress and egress for passing pedestrian traffic along the public sidewalk.
      (4)   It shall not be unlawful for a business owner in the B-2 Business District to place seasonal items, such as small cafe tables and chairs or sidewalk sale items, in the public sidewalk area directly in front of the owner's business location, so long as there is a minimum three feet-wide ingress and egress for passing pedestrian traffic along the public sidewalk.
   (B)   When any person commits any of the acts or causes any of the conditions enumerated in division (A) above, a police officer or any law enforcement officer shall order such person to refrain therefrom and to move on or disperse, and any person who fails or refuses to obey such order shall be considered to have committed a violation of this section.
   (C)   Any person who shall violate any provision of this section shall be subject to the following penalty provisions:
      (1)   Except as otherwise provided by state law, rule or regulation, any violation of this section shall be punished by a fine not exceeding $50 for the first offense.
      (2)   A person found to have committed a second violation of this section within 12 months after having first committed a violation of this section, shall be subject to a fine of not more than $1,000.
      (3)   Any person found to have committed a third violation of this section within 18 months after having first committed a violation of this section shall be subject to a fine of not more than $2,500.
(Ord. 1995-10, passed 7-10-95; Am. Ord. 2014-017, passed 6-16-14)