(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“LOITER.” To stand idly, sit, be slow-moving, linger, saunter, or wander in idleness, and to waste time upon any street, street corner, sidewalk, or public property within the city.
“LOAF.” To spend time in idleness, as to loaf away time upon any place as described in the definition of “LOITER”.
“PUBLIC NUISANCE.” The act of any individual or group of individuals who: by their individual or collective presence upon a city street, street corner, sidewalk, or other public property, cause or create conditions that shall block or impede public access and travel; use vile or offensive language, and/or direct such offensive language at passers-by; litter the streets, sidewalks, or other public property; commit acts of disorderly conduct or fighting; loiter for the purposes of: a) using or obtaining controlled substances, b) solicitation of or prostitution, or c) other criminal activity: or by any of the above actions, create a reasonable fear or alarm within any citizen of impending danger or harm, while upon any street, sidewalk, or public place within this city.
“PUBLIC PROPERTY.” Any street, avenue, alley, or part thereof, any sidewalk other than those located upon private residential property, any city park or recreation lands, and any other city-owned, leased, or controlled properties within the city limits.
(B) Loitering or loafing declared unlawful. It shall be unlawful for any person, male or female, to loiter or loaf, whether an individual or group, and thereby by their individual or collective presence to create a public nuisance, upon any street, avenue, alley, street corner, or sidewalk or any other property herein described as public property within the city limits.
(C) Verbal warning; citation. Whenever a violation of this section is discovered, or if a citizen complaint is made, any member of the city Police Department shall order the person or group found in violation, by a verbal warning, to disperse. If said person, group, or any individual in said group, shall fail to obey the lawful order to disperse, the officer, in his or her discretion, may issue a citation for any violator requiring appearance before the County District Court.
(D) Exempted activities. This section shall not prevent any citizen from conducting daily business or activities such as shopping, going to and from work, patronizing businesses or establishments such as restaurants, grocery stores, drugstores, services stations, hotels, bars, public exhibitions, school activities, church activities, sports events, or going to or from them, nor from conducting other business and shall have no effect upon private or residential property.
(E) Penalty. An infraction of this section shall be deemed a violation and a citation shall be issued for the person to appear in District Court on the date written therein, and that person shall upon conviction be fined not less than $10, nor more than $20, plus applicable court costs. Upon a second or subsequent conviction of this ordinance, that person shall be fined not less than $25, nor more than $50 plus applicable court costs.
(Ord. 130.07, passed 2-5-02)