(A) Prohibited actions.
(1) It is unlawful for any person to loiter or remain in a public place in a manner and under circumstances manifesting the purpose of engaging or soliciting another person to engage in sexual activity. The circumstances which may be considered in determining whether such purposes are manifested are: that such person is a suspected prostitute or panderer, repeatedly beckons to, stops, or attempts to stop passersby, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms, or any other bodily gestures.
(a) No citation shall be issued for a violation of this section unless the citing officer, by direct demand, first affords such person an opportunity to explain such conduct.
(b) No person shall be convicted of a violation of this section if the citing officer does not comply with the preceding division or if it appears at trial that the explanation offered was true and disclosed a lawful purpose.
(2) It is unlawful for any person to loiter or remain in a public place in a manner and under circumstances manifesting the purpose of the selling, buying, or use of a controlled substance or illegally possessed prescription drug or soliciting another person to engage in the selling, buying, or use of a controlled substance or illegally possessed prescription drug. The circumstances which may be considered in determining whether such purposes are manifested are: that such person is a known drug dealer or user, repeatedly beckons to, stops, or attempts to stop passersby, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gestures.
(a) No citation shall be issued for a violation of this section unless the citing officer, by direct demand, first affords such person an opportunity to explain such conduct.
(b) No person shall be convicted of a violation of this section if the citing officer does not comply with the preceding division or if it appears at trial that the explanation offered was true and disclosed a lawful purpose.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED SUBSTANCE. Any substance as defined by I.C. 35-48-1-9.
ILLEGALLY POSSESSED PRESCRIPTION DRUG. Any prescribed drug, substance, or instrument that when possessed violates The Indiana Legend Drug Act.
KNOWN PROSTITUTE OR PANDERER means a person who, within one year previous to the date of an issuance of a citation for a violation of this section, has, to the knowledge of the arresting officer, been reported, suspected, arrested, cited, or convicted of a violation of any ordinance of the city or statute of the state of Indiana defining and punishing acts of prostitution, patronizing a prostitute, or promoting prostitution.
LOITERING. Remaining idle in essentially one place, and shall include the concepts of spending time idly, loafing, or walking about aimlessly.
PUBLIC PLACE. An area, either publicly owned or to which the public has access, where offenses relating to sexual conduct are known to have been committed.
SEXUAL ACTIVITY or SEXUAL CONDUCT. Acts of prostitution, patronizing a prostitute, or promoting prostitution as such acts are proscribed and defined by I.C. 35-45-4-2, 35-45-4-3, and 35-45-4-4, or as these statutes hereafter shall be amended.
(Ord. 2008-5, passed 5-30-2008) Penalty, see § 130.99