(a) It is unlawful for any person to loiter, stand or sit in or on any public or private property or business premises which is open to the public use which will hinder or obstruct in any manner the free passage of persons or vehicles.
(b) For the purpose of this section, “loitering” means entering or remaining on any premises specified by this section under such circumstances that a reasonable person would conclude that the person who enters and remains on such premises:
(1) Does not have a purpose legitimately connected with the business or activity of the legal occupant of the premises, or his or her agent; and
(2) Is causing public inconvenience; and
(3) Refuses to comply with the lawful order of the owner, occupant or agent thereof, or the police to leave the premises or, after complying with such lawful order, such person returns within forty-eight hours and resumes loitering as herein defined.
(c) For the purpose of this section, private property or business premises means any private property or business premises open to the public use, or parking facility, sidewalks or grounds adjacent thereto that are occupied by the business or property owner.
(d) This section shall not apply in any of the following instances:
(1) Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful activities;
(2) Where its application would result in interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as (but not limited to), peaceful expression of political or religious opinions.
(e) Any person who violates this section shall be guilty of a misdemeanor of the fourth degree. (Ord. 2017-30. Passed 1-9-18.)