(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LOITERING. Remaining idle in essentially one location and shall include the concepts of spending time idly, stand, standing, loafing or walking about aimlessly, and shall also include the colloquial expressions “hanging around.”
PARENT or GUARDIAN. Any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE. Any place to which the public has access and shall include any street, highway, road, alley or sidewalk, It shall also include the front of the neighborhood of any store, shop, restaurant, tavern or other place of business, in front of any hall, lobby, doorway, passage or entrance to any public building, public grounds, area, parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section, or in any case of a minor, not owned or under the control of his or her parent or guardian.
(B) Certain types of loitering prohibited. It shall be unlawful for any person to loiter in a public place in such manner as to:
(1) Clearly cause an immediate, actual, physical violent reaction from any person or ordinary sensibilities, which reaction will cause or create a threat to the peace and good order of the public;
(2) So disturbs person of ordinary sensibilities as to cause such person to react immediately in such a way as to threaten by, physical violence the peace and good order of the public;
(3) Obstruct the free passage of pedestrians or vehicles; or
(4) Obstruct, molest, or interfere with any person lawfully in a public place as defined in division (A) above. This division (B)(4) shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb a person of ordinary sensibilities so as to cause such person to react immediately in such a way as to threaten by physical violence the peace and good order of the public. No person shall be convicted of loitering in a public place in violation of this section unless a police officer at the time determined that such person was causing any of the conditions enumerated hereinabove and such police officer, at that time, ordered the person to cease the enumerated conducted, which police order the person refused to obey.
(C) Loitering by minors. No parent or guardian of a minor under the age, of 18 years shall knowingly permit the minor to loiter in violation of this section.
(D) Notice of violation. Whenever any minor under the age of 18 years is adjudicated to be in violation of this section, his or her parent or guardian shall be notified of this fact by the Chief of Police or any other person designated by him or her to give such notice.
(E) Presumption. If at any time within 30 days following the giving of notice as provided in division (D) above, the minor to whom such notice relates again violation this section, it shall be presumed in the absence of evidence of the contrary that the minor did so with the knowledge and permission of his or her parent or guardian.
(Prior Code, § 47-7.21) (Ord. 2016-30, passed 5-2-2016) Penalty, see § 135.999