Skip to code content (skip section selection)
(A) A person commits a violation if he or she loiters or prowls in a 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. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself of any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify himself or herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of being a loiter or prowler without a warrant if it reasonably appear that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect's escape.
(B) It shall be unlawful for any person, after first being warned by a police officer, or where a “no loitering” sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasi- public sidewalk, street, curb, cross-walk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public.
(C) For the purpose of this section, PUBLIC PLACE has the following definition unless the context clearly indicates or requires a different meaning: an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(D) Whoever violates this divisions (A), (B) or (C) of this section is guilty of loitering, a minor misdemeanor. If the offender has previously been convicted of a violation of divisions (A), (B) or (C) of this section, the loitering is a misdemeanor of the fourth degree.
(`63 Code, § 509.11) (Am. Ord. 68-97, passed 8-26-97) Penalty, see § 130.99