(a) As used in this section, the following words shall have the following meanings:
Commercial business establishment shall mean any place held out to the general public as offering goods and/or services for sale to the public and/or for use by the public within the limits of the city.
Loiter shall mean to be dilatory, to be slow in movement, to stand around or move slowly about, to stand idly around, to spend time idly, to saunter, to delay, to idle, to linger, or to lag behind.
Motor vehicle shall mean any and all devices designed or used for the transportation of persons or property, which device is propelled by any means other than by muscular power.
Premises shall mean the exterior of any building, and the area of land, including parking lots or areas, grassy plots, sidewalks, common areas whether used singularly or jointly with other business establishments, schools, or churches, actually or by legal construction forming one (1) enclosure with the subject premises.
Public shall mean affecting or likely to affect a substantial group of persons.
Public place shall mean a place to which the public or a substantial group of persons has access and includes but is not limited to highways, schools, places of amusement, parks, places of business, and playgrounds. An act is deemed to have occurred in a public place if it produces its offensive or prescribed consequences in a public place.
(b) A person is guilty of loitering when he:
(1) Loiters or remains in a public place for the purpose of unlawfully using a controlled substance and/or unlawfully drinking, in or out of a motor vehicle, intoxicating beverages, or possessing any open bottle or other receptacle containing any alcoholic beverages;
(2) Loiters or remains in or upon a public place for the purpose of making loud, unusual or inappropriate noises, including but not limited to blowing of horns or whistles not related to the normal functions of operating a motor vehicle, playing a radio, tape players, or other electronic devices in a manner which seriously annoys or inconveniences the public;
(3) Loiters or remains in or on the premises of a commercial business establishment, school or church, either in or out of a motor vehicle, not having any reason or relationship involving custody or responsibility of a pupil or student at a school, or not being enrolled themselves at the school, or membership in or connection with the congregation or business purposes of a church premises, or any other specific definable legitimate business reason for being on the premises of a commercial business establishment, school or church, and not having written permission from anyone authorized to grant the same; or
(4) Loiters or remains in or about the premises of a public place for the purpose of engaging in or acting in concert with others to engage in acts of vandalism, littering, defacement or destruction of private or public property, engaging in loud or obscene language, wearing inadequate or inappropriate dress, obstructing windows, doors, or points of access to the premises.
(c) No person shall depart the premises of a commercial business establishment, or school, or church, having parked a motor vehicle thereon without the expressed permission of such commercial business establishment, school or church, allowing the motor vehicle to remain unoccupied upon the premises without a specific written authorization so indicated and displayed upon the vehicle in a conspicuous place. Any such motor vehicle remaining on the premises for more than five (5) hours without permission may be towed by the police department or any other law enforcement agency of the state, and the owner of such vehicle shall pay any and all towing and other charges, fines or fees related thereto.
(d) A person is guilty under this section if he participates with one (1) or more persons in a course of conduct defined in this section, likely to cause substantial harm or serious inconvenience, annoyance or alarm to the public at large, or to the owners and/or managers of commercial business establishments or to governing bodies of churches and schools, and intentionally refuses to disburse when ordered to do so by a peace officer engaged in executing or enforcing the law.
(e) Peace officers may arrest on citation even if the specific acts are not committed within their presence, upon complaint duly made by an owner, operator, manager, employee, school official, or church official, after a sufficient oral description of the acts involved and a sufficient identification by the complainant of the perpetrator still upon the premises.
(Ord. No. 1300A, § 3, 10-27-81)
State law reference--Loitering, KRS 525.090.