(A) It shall be unlawful for any person to loiter as defined herein, either alone and/or in concert with others, in such a manner as to:
(1) Obstruct any public street, public highway, public sidewalk, public alley or way, or any other public place or building by hindering and/or impeding and/or intending to hinder and/or impede the free and uninterrupted passage of vehicles, traffic, or pedestrians.
(2) To loiter while alone and/or consort with others in or upon any public street, public highway, public sidewalk and/or public place or building in such a manner so as to commit in any of the aforesaid public places and/or any other public place any act or thing which is an obstruction or interference to the free and uninterrupted use of property, or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk, alley, or public way or any other public place or building, all of which prevents the free and uninterrupted ingress, egress or regress therein, thereof and/or thereto, and no person shall by his or her presence or by other means, either alone or in concert with others, interfere with or interrupt the conduct of business in the offices located in such buildings or public places.
(B) For purposes of this section, the following definitions shall apply:
LOITERING. Includes the following activity: Remaining idle in essentially 1 location and spending time idly in connection therewith; to linger; to stay, to saunter, to delay, to stand around; and shall also include the colloquial expression “hanging around”; moving slowly about; sleeping in motor vehicles or trailers located on public property; sleeping on streets or sidewalks, alleys, public ways, parks or other public property.
PUBLIC PLACE. Includes, but is not limited to, the following: All places commonly known as being distinctively public, such as public streets; public restrooms; sidewalks; parks; alleys and buildings; all places privately owned but open to the public generally, shopping centers, transportation terminals, retail stores, movie theatres, office buildings and restaurants.
SURROUNDING AREA. That area easily and immediately accessible to the person under observation.
(C) It shall be unlawful in the city, pursuant to this section, for any person or persons to place or erect upon any public way or passage way to any building an obstruction of any type, provided that this section shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the purpose of safeguarding the public.
(D) When any person causes or commits any offense or conditions enumerated above within this section, a police officer or any law enforcement officer may order that the person and/or persons stop causing or committing same and to move on and/or disburse and/or remove the obstruction. Any person and/or persons who refuse or fail to immediately so move on and/or disburse and/or remove said obstruction shall be guilty of an additional violation of this section.
(Ord. 2038, passed 10-23-2006) Penalty, see § 133.99