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A. Defined: The word "loiter" means to be dilatory, to stand idly around, to linger, delay, wander about, to remain, abide or tarry in a public place.
B. Loitering To Warrant Alarm: It is unlawful for any person to loiter so as to warrant alarm for the safety of persons or property in the vicinity.
C. Loitering On School Grounds:
1. It is unlawful to loiter on school grounds. A person loiters on school grounds if:
a. At a time when the school is in session or when persons under the age of eighteen (18) are otherwise present in the school building or on the grounds;
b. Having been asked to leave by a school administrator or school representative or a peace officer;
c. That person loiters in the school building, on the school grounds, or within one hundred feet (100') of the school grounds;
d. Without having any reason related to custody of or responsibility for a pupil attending that school, or any other specific, legitimate reason for the person's presence;
e. Under circumstances in which the person's continued presence interferes with or disrupts the school program or interferes with or endangers school children or personnel present in the school building or on its grounds.
2. It is unlawful for any person under the age of eighteen (18) years to loiter or to aimlessly drive or ride about, on or about any street, avenue, highway, road, sidewalk, curb, gutter, parking lot, alley, vacant lot, park, playground, yard, building, place of amusement, or eating place, whether public or private, without the consent or permission of the owner or occupant thereof, during the hours ending at six o'clock (6:00) A.M. and beginning at twelve o'clock (12:00) midnight on Saturday and Sunday mornings, and beginning at ten o'clock (10:00) P.M. on Sunday night through Thursday night. No violation of this subsection will have occurred if the person under the age of eighteen (18) years is accompanied by a parent, guardian or other adult person over the age of twenty one (21) years who is authorized by a parent or guardian of the juvenile to take the parent's place in accompanying the juvenile for a designated period of time and purpose within a specified area.
3. It is unlawful for the parent, guardian, or other adult person having the care and custody of a juvenile under the age of eighteen (18) years to knowingly permit or allow the juvenile to loiter or to aimlessly drive or ride about at the places and within the time prohibited by subsection C2 of this section. The term "knowingly" includes knowledge which a parent should be reasonably expected to have concerning the whereabouts of a juvenile in that parent or guardian's custody. It shall be no defense that a parent, guardian, or other person having the care and custody of the juvenile was indifferent to the activities, conduct or whereabouts of the juvenile.
D. Reasonable Grounds, Duty Of Officer: For purposes of a prosecution under subsection B of this section, the following applies:
1. Among the circumstances which may be considered in determining whether reasonable grounds for belief have arisen that a person is loitering is the fact that the person:
a. Takes flight upon appearance of a peace officer; or
b. Refuses to provide the person's identity; or
c. Manifestly endeavors to conceal the person's person or any object; or
d. Systematically checks the means of access to buildings or vehicles; or
e. Maintains a continuous presence in close proximity to a place when the person's activity manifests a high probability of unlawful activity.
2. Unless flight by the person or other circumstances make it impractical, a peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm otherwise warranted, or explain any circumstances giving rise to reasonable grounds for belief that the person is loitering by requesting that person to:
a. Identify himself/herself; and
b. Explain the person's presence and conduct.
E. Standard For Conviction: No person shall be convicted of an offense under subsection B of this section, if the peace officer did not comply with subsections D2a and D2b of this section, or if at trial, that the explanation of presence and conduct given by the defendant was true and, if believed by the peace officer at the time, would have dispelled any alarm or would have disclosed a lawful purpose. (Ord. 4517; 1968 Code §8-9; Ord. 84-180; Ord. 86-36; Ord. 92-9; Ord. 01-42)