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(A) A person commits a violation if he or she loiters or prowls 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.
(B) Circumstances which may be considered in determining whether alarm is warranted include:
(1) The fact the actor takes flight upon appearance of a peace officer;
(2) Refuses to identify himself or herself; or
(3) Manifestly endeavors to conceal himself or herself or any object.
(C) Unless flight by the actor or other circumstances makes it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford the actor 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.
(D) No person shall be convicted of an offense under this section if the officer did not comply with division (C) above, or if it appears at the trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm.
(Ord. 5-1972, passed 9-18-1972) Penalty, see § 131.99