(A) Loitering. No person shall loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a police officer, refuses to identify himself or manifestly endeavors to conceal himself or any object.
(1) Unless flight by the actor or other circumstances makes it impracticable, a police officer, prior to any arrest for an offense under this division, shall 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 violating this division if the police officer did not comply with the preceding sentence or if it appears at trial that the explanation given was true and would have dispelled the alarm and disclosed the lawful purpose.
(2) The provisions of the two preceding sentences are applicable to divisions (A)(1) and (2) of this section and each subsequent divisions (B) through (H) herein.
(B) Dwelling areas. No person shall hide, wait or otherwise loiter in the vicinity of any private dwelling house, apartment building or any other place of residence with the unlawful intent to watch, gaze or look upon the occupants therein in a clandestine manner.
(C) Public restrooms. No person shall loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.
(D) Parks and public grounds. No person shall loiter in or about any school, park or public place at or near which children or students attend or normally congregate. As used in this division, "loiter" means to delay, to linger or to idle in or about any said school, park or public place without a lawful purpose for being present.
(E) Buildings. No person shall loiter or lodge in any building, structure or place, whether public or private, without the permission of the owner or person entitled to possession or in control thereof.
(F) Restaurants, bars. No person shall loiter in or about a restaurant, tavern or other building open to the public. As used in this division, "loiter" means to, without just cause, remain in a restaurant, tavern or public building or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof.
(G) Parking lots. No person shall loiter in or upon any public parking surface lot or public parking structure, either on foot or in or upon any conveyance being driven or parked thereon, without the permission of the owner or person entitled to possession or in control thereof. As used in this section:
(1) Public parking surface lot means five or more ground level parking spaces, or any portion thereof, not located in a structure, upon which automobiles or motor vehicles may be parked, stored, housed or kept, and open to public use with or without charge.
(H) Private or public residential properly. No person shall loiter in or on private or public residential property in residential neighborhoods. As used in this division, "loiter" means to, without just cause, linger, remain in or on private or public residential property, or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof, or where "No Loitering" signs are posted.
(I) Requirements of identification. A person being asked for identification pursuant to this section shall provide the police officer with his name and address either verbally or by providing the officer with written evidence of the person's name and address, including but not limited to a driver's license or picture identification.
(J) Penalty; continuing violations. Any person who is convicted of any violation of this section, the court before whom an offender shall be tried may sentence him to pay a fine not exceeding the maximum fine permitted by law or serve a term not exceeding 30 days in jail, or both. Each day any violation of this section shall continue shall constitute a separate offense.
(K) Court order on jurisdictional limits. In addition to the penalty that may be imposed pursuant to division (J) above, any person who is arrested for and/or convicted of violating any provision of this section may be subject to an order of the court which shall impose a jurisdictional limit on said person prohibiting his presence in a specific geographic area of the city. Failure to comply with the court order shall constitute a violation of the court order and shall result in the following:
(1) In the case of a bond where jurisdictional limits have been imposed, the bond may be revoked and the person shall be incarcerated until trial; and/or
(2) In the case of a sentence where jurisdictional limits have been imposed, the suspended sentence may be revoked and the person shall be incarcerated until he has served the original sentence imposed by the court without any portion thereof suspended.
(Ord. 24-16, passed 8-9-16)