(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word "shall" is mandatory and not merely directory.
LOITERING. Whoever commits any of the following acts is guilty of loitering:
(a) Lingering about the entryway of any public or private premises, or sitting or lingering upon the sidewalk, steps, windowsills, railing, fence, or parking area adjacent to any such premises in such a manner so as to obstruct or partially obstruct ingress to or egress from such building or adjacent parking area to the annoyance or inconvenience of owners, occupants, pedestrians, or other persons seeking ingress or egress therefrom.
(b) Lingering for any length of time upon any public or private premises or moving in a slow and meandering manner without purpose or otherwise interfering with, obstructing, or rendering dangerous or unreasonable for passage, any public highway, sidewalk, parking area, or right-of-way.
(c) Lurking, lingering, or prowling in any 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.
PREMISES. For purposes of this section, premises shall include any house, yard, lot, parcel, sidewalk, boulevard, street, highway, alley, park, playground, restaurant, cafe, church or other place of worship, school, any car or other motor vehicle, parking lot, drive-in, building used for public, business, commercial or industrial purposes, washroom, apartment building and entryways and hallways located therein, or any other location whether public or private in the City of Forest Lake.
(B) Warning, exception. A person may not be arrested or convicted under this section, until after a law enforcement officer has informed the person at least once in the previous 72 hour period that his or her action violates this section and has asked the person to move to a location that would not violate this section. It shall not be necessary to inform any person: (1) who is charged under this section; or (2) who has been convicted of a violation of this section within one year of the act complained of.
(C) Loitering, circumstances causing alarm. A person shall not lurk, loiter, or prowl in any 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 that may be considered in determining whether alarm is warranted is the fact that the person refuses to identify him or herself, or endeavors to conceal him or herself or an object.
(D) Authority to detain. A police officer may stop and briefly detain a person suspected of violating this section if the person’s behavior reasonably causes suspicion of criminal activity. The officer’s reasonable suspicion must be based on objective, articulable facts and reasonable inferences drawn from all the circumstances surrounding the person’s behavior.
(E) (1) Opportunity to dispel alarm. Unless flight by the person or other circumstances make it impracticable, a police officer must, prior to any arrest for violation of this section, allow the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him or her to identify him or herself and explain his or her presence and conduct. The person may identify him or herself by presenting any of the following:
(a) A state-issued identification card or driver’s license containing the person’s photograph;
(b) An employer-issued identification card which verifies the person’s employment and includes the person’s photograph;
(c) A currently valid passport;
(d) A certified copy of the person’s birth certificate; or
(e) Verification of the person’s identity by another person who can establish his or her own identity by one of the documents listed above.
(2) An explanation of the person’s presence and conduct will be sufficient to dispel alarm if it shows that the person was engaging in and planning to continue engaging in, lawful activity consistent with his or her actions and all the circumstances surrounding his or her behavior.
(F) Loitering, intent to commit crime. A person shall not in any public or private place lurk, loiter, prowl, lie in wait, or be concealed with intent to commit any act prohibited by law.
(G) Penalties.
(1) Petty misdemeanor. Whoever commits any of the acts enumerated in divisions (A) or (C) of this section is guilty of a petty misdemeanor and, upon conviction thereof, shall be punished as provided by law.
(2) Misdemeanor. Whoever commits any of the following acts is guilty of a misdemeanor and, upon conviction thereof, shall be punished according to law:
(a) Loitering with intent to commit a crime as provided in division (F) of this section;
(b) Any of the acts enumerated in this section within 1 year of being found guilty of any violation of this section.
(Ord. 591, passed 1-11-2010)