(A) No person shall loiter or prowl in a place at a time or in a manner not usual for law abiding citizens, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity, in any public way, street, highway, place, or alley, and refuse to obey the lawful command of a police officer to move on or provide to the police officer a lawful reason for remaining on the public way, street, highway, place, or alley if the alleged loitering by the person would create or cause to be created any of the following:
(1) Danger of a breach of the peace;
(2) The unreasonable danger of a disturbance to the comfort and repose of any person acting lawfully on or in a public way, street, highway, place, or alley reserved for pedestrians;
(3) The obstruction or attempted obstruction of the free normal flow of vehicular traffic or the normal passage of pedestrian traffic on any public way, street, highway, place, or alley; and
(4) The obstruction, molestation, or interference or attempt to obstruct, molest, or interfere with any person lawfully on or in a public way, street, highway, place, or alley to fear for his or her safety.
(B) No person who is a member of a group of three or more persons who are loitering or prowling in a place at a time or in a manner not usual for law abiding citizens, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity, in a public way, street, highway, place, or alley, shall refuse the lawful command of a police officer to move or provide to the police officer a lawful reason for remaining in a public way, street, highway, place, or alley, whether the group is stationary or in transit, if the alleged loitering would create or cause to be created any of the following:
(1) Danger of a breach of the peace;
(2) The unreasonable danger of a disturbance to the comfort and repose of any person acting lawfully on or in a public way, street, highway, place, or alley reserved for pedestrians;
(3) The obstruction or attempted obstruction of the free normal flow of vehicular traffic or the normal passage of pedestrian traffic on any public way, street, highway, place, or alley; and
(4) The obstruction, molestation, or interference or attempt to obstruct, molest, or interfere with any person lawfully on or in a public way, street, highway, place, or alley, in a manner that would cause a reasonable person or pedestrian of a public way, street, highway, place, or alley to fear for his or her safety.
(C) No person shall be convicted under this section if the police officer failed to comply with the procedure outlined herein.
(D) No person shall be convicted under this section if it appears, at trial, that the explanation given by the person is true and, if believed by the police, would:
(1) Have dispelled the fear for human safety;
(2) Have dispelled the concern for safety of property;
(3) Have dispelled the fear of a breach of the peace; and
(4) Have provided a justifiable reason for obstructing vehicular or pedestrian traffic, subject to the discretion of the court.
(E) If a person takes flight on appearance of a police officer who identifies himself or herself as such, or refuses to identify himself or herself, or attempts to conceal himself or herself, the police officer has probable cause to believe a violation of this section has occurred and is duly authorized to make an arrest.
(Ord. 1979-26, passed 12-27-1979) Penalty, see § 130.99