(a) No person shall loiter or remain in a public place for the purpose of engaging, or soliciting another person to engage, in sexual activity for hire. The circumstances which may be considered in determining whether such purpose is manifested are as follows: In conjunction with any overt acts described herein, such person is a known prostitute or panderer; or such person repeatedly beckons to, stops or attempts to stop passers-by, or engages passers-by in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, by waiving his or her arms, by maintaining sustained eye contact with the motor vehicle operator or a passenger therein or by any other bodily gesture; or such person manifests a discernible pattern of conduct of stopping motor vehicles or persons for the purpose of engaging, or soliciting another person to engage, in sexual activity for hire.
(b) No arrest shall be made for a violation of this section unless the arresting officer, by direct demand, first affords such person an opportunity to explain such conduct.
(c) No person shall be convicted of a violation of this section if it appears at trial that the explanation tendered was true and disclosed a lawful purpose.
(d) As used in this section:
(1) "Known prostitute or panderer" means a person who, within two years previous to the date of arrest for a violation of this section, has, within the knowledge of the arresting officer, been convicted of violating any ordinance of the City, statute of the state or statute of any other state defining and punishing acts of soliciting, committing, or offering or agreeing to commit, prostitution.
(2) "Loitering" means remaining idle in essentially one place. The word includes the concepts of spending time idly, loafing or walking about aimlessly.
(3) "Public place" means an area that is publicly owned or to which the public has access.
(4) "Sexual activity" means sexual conduct or sexual contact, or both, as defined in § 666.01.
(e) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 235-91. Passed 10-21-91.)