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509.04 LOITERING.
   (a)   For the purposes of this section, the term "loiter" shall include, but is not restricted to, standing, lounging, sitting, lying or strolling about idly, whether alone or in company with other loiterers.
   (b)   No person shall loiter on any of the sidewalks, streets, public places or vacant lots, or in public buildings or the entranceways thereof, or in or upon other places open to the public, and there conduct himself in a manner annoying to persons passing by or occupants of adjacent buildings; or shall insult, threaten, intimidate or in any manner interfere with, or impede the progress of, any other person then and there conducting himself in a lawful and orderly manner.
   (c)   Any person who loiters on any of the sidewalks, streets, public places or vacant lots, or in public buildings or the entranceways thereof, or in or upon other places open to the public who is ordered by a person then and there in charge of such building or place, or who is ordered by a police office, to depart therefrom shall obey such order forthwith.
   (d)   No person, not the owner or tenant of any premises within the City, shall enter after dark and loiter or sleep therein without the consent of such owner or tenant.
   (e)   This section shall not apply to any person or assembly of persons waiting, assembled or standing in line in an orderly manner for any lawful purpose incident to the building or other place mentioned in this section, nor shall it be construed to restrict the right to lawful assembly, picketing, public speaking or other lawful means of expressing public opinion not in contravention of other laws or ordinances. (1976 Code Sec. 13-31)
509.05 DISTURBING THE PEACE.
   (a)   No person on any sidewalk, street or alley of the City shall conduct himself in a manner annoying to persons passing by or to occupants or residents of adjoining or nearby buildings.
   (b)   No person shall make, cause to be made, or permit to be made any unreasonably loud, disturbing and unnecessary noise emanating from private or public property of such character, intensity and duration as to disturb the peace and quiet of the City.
(Ord. 5-97. Passed 10-27-97.)
509.06 TOBACCO PROHIBITED IN PARKS AND RECREATIONAL AREAS.
   (a)   It shall be unlawful for any person to use tobacco in any form in any City-owned park.
 
   (b)   A City-owned park shall be defined as any parcel of open land which is owned by the City of Bridgeport and used for recreational activities, including all walking and bicycle trails, ball fields, playgrounds and other fields, including parking lots or facilities used for sporting events.
 
   (c)   Any person who violates this ordinance is guilty of a misdemeanor and upon conviction thereof, shall be punished in accordance with the penalty provisions of Section 501.99 of the Codified Ordinances.
(Ord. 1-13. Passed 1-14-13.)
509.07 CRIMINAL LOITERING BY PERSONS ON SUPERVISED RELEASE.
   (a)   No person serving a period of supervised release of ten years or more pursuant to the provisions of West Virginia Code 62-12-26, shall loiter within one thousand feet of the property line of the residence or workplace of a victim of a sexually violent offense for which the person was convicted.
   (b)   No person serving a period of supervised release of ten years or more pursuant to the provisions of West Virginia Code 62-12-26 for an offense where the victim was a minor shall loiter within one thousand feet of the property line of a facility or business the principal purpose of which is the education, entertainment or care of minor children, playground, athletic facility or school bus stop.
   (c)   A person does not violate the provisions of subsection (a) or (b) of this section unless he or she has previously been asked to leave the proscribed location by an authorized person and thereafter refuses to leave or leaves and thereafter returns to the proscribed location.
   (d)   As used in this section:
      (1)   “Authorized person” means:
         A.   A law-enforcement officer acting in his or her official capacity;
         B.   A security officer employed by a business or facility to protect persons or property acting in his or her employment capacity;
         C.   An owner, manager or employee of a facility or business having a principal purpose the caring for, education or entertainment of minors;
         D.   A victim or parent, guardian or lawful temporary or permanent custodian thereof;
         E.   An employee of a county board of education acting in his or her employment capacity.
      (2)   “Facility or business, the principal purpose of which is the education, entertainment or care of minor children” means:
         A.   A pre-school, primary, intermediate, middle or high school, either public or private;
         B.   A childcare facility;
         C.   A park;
         D.   An athletic facility used by minors;
         E.   A school bus stop.
      (3)   “Loitering” means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose.
   (e)   Nothing in this section shall be construed to prohibit or limit a person’s presence within one thousand feet of a location or facility referenced in this section if the person is there present for the purposes of supervision, counseling or other activity in which the person is directed to participate as a condition of supervision or where the person has the express permission of his supervising officer to be present. (WVaC 61-8-29)
509.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for general Code penalty if no specific penalty is provided.)
   (a)   Whoever violates Section 509.01 shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than twenty-four hours.
      (WVaC 61-6-1b)
   (b)   Whoever violates Section 509.02 shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than thirty days, or both, for a first offense. For a second or subsequent offense such person shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both.
      (WVaC 61-6-14a)
   (c)   Whoever violates Section 509.07 shall be imprisoned for not more than thirty days.
      (WVaC 61-8-29)