(A) Generally.
(1) No person shall loiter or prowl in a place, at a time or in a manner not usual for law abiding persons under circumstances that warrant alarm for the safety of persons or property in the vicinity.
(2) Among the circumstances which may be considered in determining whether such alarm is warranted is that the person takes flight upon seeing a police officer, refuses to identify himself or herself or manifestly endeavors to conceal himself or herself, or any object.
(3) Unless flight by the person or other circumstances make it impracticable, a police officer shall, prior to an arrest for violation of this division (A), afford the person 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.
(4) Failure of a police officer to do so shall be a defense in prosecution under the provisions of this division (A). It shall also be a defense if it appears at trial that the explanation given by the person was true and, if believed by the police officer at the time, would have dispelled the alarm.
(B) Near schools and places frequented by children.
(1) No person not having any reason or relationship involving custody of or responsibility for a student, or not having written permission from anyone authorized to grant the same shall loiter in or near a school building or grounds.
(2) No person shall loiter about a public place frequented by children, including swimming pools, school bus stops, playgrounds and parks and public premises adjacent thereto, for the purpose of annoying, bothering or molesting children.
(Prior Code, § 131.03) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99