509.05 LOITERING GENERALLY; PENALTIES.

   (a)   Definitions.

       (1)   “Loiter” means to delay, linger, idle about with an unlawful or illegitimate purpose.

      (2)   “Illegal drugs” means all controlled substances, or precursors or analog thereof, as defined by West Virginia Health and Safety Code.

      (3)   “Retail liquor outlet” means any store licensed pursuant to Chapter 60 of the West Virginia Code for retail sale to consumers of alcoholic beverages for consumption off the licensed premises.

      (4)   “Boarded up building” means any building with substantially secured ground level doors and windows by means of plywood or similar materials.

      (5)   “Block” means both sides of a City street that begins at the intersection of one cross street and ends at the intersection with the next cross street.

      (6)   “Obstruct” means to hinder or impede or tending to hinder or impede the free and uninterrupted passage of a motor vehicle or pedestrians traffic.

      (7)   “Public place” means any place to which the general public has access and a right to resort for business, entertainment, recreation or other lawful purpose.

   (b)   Loitering on School Property. It shall be unlawful for any person, not a student in regular attendance to loiter in or about any school, school building or school grounds in violation of any posted rules or regulations governing the use of any such school without written permission of the principal.
(W. Va. Code 61-6-14a)

   (c)   Loitering Generally.

      (1)   It shall be unlawful for any person to loiter at any of the following locations, or within the same or adjacent block thereof, with the purpose to engage in prostitution, or gambling, or to buy, sell, transfer or use illegal drugs, or any other illegal activity after being asked to leave by any police officer.

         A.   Parks;

         B.   Recreation centers;

         C.   Sports fields;

         D.   Juvenile group homes and rehabilitation homes;

         E.   Car washes open for more than twelve hours per day;

         F.   Retail liquor outlets; or

         G.   Outdoor public pay phones.

      (2)   It shall be unlawful for any person to loiter upon any public street, highway, sidewalk, alley, way or any other public place or building in such a manner so as to obstruct same or so as to prevent the free and uninterrupted ingress, egress and regress therein, thereupon or thereto.

      (3)   Loitering on private property that is not open to the public is excluded form the scope of this section, except private property that is part of the premises on which there is a boarded up structure or a private school.

   (d)   Enforcement Procedures.

      (1)   Whenever a police officer has probable cause or a reasonable articulatable suspicion to believe that a person is loitering in violation of subsections (b), (c)(1) or (c)(2) hereof, the officer must first provide the person with the opportunity to leave or vacate the designated location or area. Any person who refuses or fails to leave the designated location upon the lawful request or order of a police officer shall be in violation of the provisions of this section.

      (2)   Probable cause or a reasonable articulatable suspicion shall be based upon one of the following:

         A.   The enforcing officer’s own experience and observations or that of other police officers;

         B.   Information possessed by a reliable informant and given to the enforcing officer prior to the order to vacate;

         C.   Complaints received by the enforcing officer from a reliable citizen or citizens; or

         D.   Personal observations of the enforcing officer at the designated location or area.

   (e)   Penalty. See Section 509.99

(Ord. 1172. Passed 8-14-01.)