(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) KNOWN PROSTITUTE OR PANDERER.
A person who, within two years previous to the date of arrest for a violation of this section, has, within the knowledge of the arresting officer been convicted of violating any ordinance of the city or statute of the state defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution.
(2) LOITERING.
Remaining idle in essentially one place and includes the concepts of spending time idly, loafing, or walking about aimlessly.
(3) PUBLIC PLACE.
An area, either publicly owned or to which the public has access, where offenses relating to sexual conduct are known to have been committed.
(4) SEXUAL ACTIVITY
. Sexual conduct or sexual contact, or both, as defined in § 533.01.
(b) No person shall:
(1) Loiter or remain in a public place for the purpose of engaging in or soliciting another person to engage in sexual activity for hire. The circumstances which may be considered in determining whether such purpose is manifested are: that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop passers-by, or engages passers-by in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or
(2) Loiter or remain in or about the area of a school, college or university, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same.
(c) No arrest shall be made for a violation of this section unless the arresting officer, by direct demand, first affords such person an opportunity to explain such conduct.
(d) No person shall be convicted of a violation of this section if it appears at trial that the explanation rendered pursuant to division (c) above was true and disclosed a lawful purpose.
(e) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 54-03, passed 4-15-2003) Penalty, see § 533.99