(A) Loitering; circumstances cause alarm.
(1) Prohibition. It is unlawful for any person to lurk, loiter or prowl in any place, in any time or in any manner not usual by law-abiding individuals, under circumstances that warrant alarm for the safety of persons or property in the vicinity.
(2) Circumstances causing alarm. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a police officer, refuses to identify himself or herself or endeavors to conceal himself or herself or an object.
(3) Authority to detain. A police office may stop and briefly detain a person suspected of violating division (A)(1) above, 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.
(4) Opportunity to dispel alarm.
(a) Unless flight by the person or other circumstances make it impracticable, a police officer shall, prior to any arrest for a violation of division (A)(1) above, allow the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him or her to identify himself or herself and explain his or her presence and conduct.
(b) An explanation of the person’s presence and conduct shall 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.
(c) The person may identify himself or herself by presenting any of the following:
1. A state-issued identification card or driver’s license containing the person’s photograph;
2. An employer-issued identification card which verifies the person’s employment and includes the person’s photograph;
3. A currently valid passport;
4. A certified copy of the person’s birth certificate; and/or
5. Verification of the person’s identity by another person who can establish his/her own identity by one of the documents listed above.
(5) Requisites for conviction. A person shall not be convicted of violating division (A)(1) above, if:
(a) No police officer gave the person the opportunity provided in division (A)(1) above, to dispel the alarm created by his or her actions; or
(b) The finder of fact determines that the police officer should have accepted the person’s explanation as sufficient to dispel alarm.
(B) Loitering; intent to commit crime. It is unlawful for any person, in any public or private place, to lurk, loiter, prowl, lie in wait or be concealed with intent to commit any act prohibited by law.
(C) Loitering; obstructing public passage. It is unlawful for any person to loiter, stand, sit or lie in or upon any public property, private sidewalk, street, curb, crosswalk, walk-way area, parking lot, mall, steps, window sill, wall, bench, fence or other portion of private property open for public use, so as to unreasonably block, obstruct, partially obstruct or block or hinder free passage of the public. It is also unlawful for any person to block, obstruct, partially obstruct or hinder free access to the entrance of any building or part of a building open to the public without consent of the owner or occupant. No person shall be arrested or convicted under this provision until after a police officer has informed the person that his or her action violates this section and has asked the person to move to a location, if one is available, which would not violate this section.
(D) Loitering; signs prohibiting. It is unlawful for any person to loiter, stand, sit or lie in an area where a sign prohibiting loitering has been posted.
(2003 Code, § 8.61) (Ord. 45, passed 12-23-1994) Penalty, see § 10.99