(A) (1) It shall be unlawful for a person to commit the offense of loitering.
(2) A person commits the offense of loitering if he or she:
(a) Loiters for the purpose of unlawful gambling with cards, dice or other gambling paraphernalia;
(b) Loiters for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual intercourse;
(c) With intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren, loiters in a school building or on school grounds or within 100 feet of school grounds when persons under the age of 18 are present in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or his or her representative or by a peace officer; or
(d) Loiters with one or more persons for the purpose of unlawfully using or possessing a controlled substance as defined in C.R.S. § 18-18-102(5).
(B) It shall be an affirmative defense that the defendant’s acts were lawful and he or she was exercising his or her rights of lawful assembly as a part of peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise.
(C) The Board of Trustees of the town hereby finds that the general assembly of the state finds and declares that the state has a special interest in the protection of children and, particularly, in protecting children who attend schools because required to do so by the School Attendance Law of 1963, C.R.S. Title 22, Article 33, and the prohibition of loitering in division (A)(2)(c) above is enacted in furtherance of these interests.
(Ord. 1990-2, passed 7-26-1990; Ord. 2018-1, passed 10-11-2018) Penalty, see § 130.99