(a) No person shall loiter or prowl in any public or private place at a time, in a manner or under circumstances which warrant alarm for the safety of persons or security of property in the surrounding area.
(b) Without limitation, the following circumstances may be considered in determining whether such alarm is warranted:
(1) The flight of a person upon the appearance of a police officer;
(2) Attempted concealment by a person upon the appearance of a police officer;
(3) The systematic checking by a person of doors, windows or other means of access to buildings, houses or vehicles.
(c) Unless flight by the actor or other circumstances make it impracticable, a police officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify himself or herself and explain his or her presence and 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 actor was true, and if believed by the police officer at the time, would have dispelled the alarm.
(d) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:
(1) “Loitering” includes the following activities: lingering, hanging around, delaying, sauntering and moving slowly about, where such conduct is not due to physical defects or conditions.
(2) “Private place” means places privately owned but open to the public generally, such as shopping centers, retail stores, transportation terminals, movie theaters, office buildings, restaurants, and all distinctly private places such as homes or private residences and apartment houses.
(3) “Public place” means public streets and alleyways, public restrooms, public sidewalks, public parks, public buildings and municipal airports.
(4) “Surrounding area” means that area easily and immediately accessible to the person under observation.
(e) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02.
(1974 Code, § 509.08)