(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. 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; and
(3) The systematic checking by a person of doors, windows or other means of access to buildings, houses or vehicles.
(b) 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 to identify himself and explain his 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.
(c) For the purposes of this section:
(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 a place privately owned but open to the public generally, such as a shopping center, a retail store, a transportation terminal, a movie theater, an office building, a restaurant, and all distinctly private places such as homes or private residences and apartment houses.
(3) “Public place” means a public street and alleyway, a public restroom, a public sidewalk, a public park, a public building and a municipal airport.
(4) “Surrounding area” means that area easily and immediately accessible to the person under observation.
(d) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.