(A) Definitions:
LOITERING. Remaining idle in essentially one location and includes the concepts of spending time idly, loafing, or walking about aimlessly, and includes the colloquial expression "hanging around."
PRIVATE PLACES. Any place privately owned but open to the public generally such as shopping centers, retail stores, transportation terminals, movie theaters, office buildings, restaurants, and distinctively private residences and apartment houses.
PUBLIC PLACES. Public streets and alleyways, public parks, and public buildings.
SURROUNDING AREA. That area easily and immediately accessible to the person under observation.
(B) (1) Certain types of loitering prohibited. No person shall loiter in a public place in such manner as to:
(a) Create or cause to be created a danger or breach of the peace;
(b) Create or cause to be created any disturbance or annoyance to the comfort and repose of any person;
(c) Obstruct the free passage of pedestrians or vehicle.
(d) Obstruct, molest, or interfere with any person lawfully in any public place.
(2) This division shall include the making of unreasonable noise or offensively coarse utterances, gestures, or displays, or the communication of unwarranted and grossly abusive language to any person or which are calculated to annoy or disturb the person to, or in whose hearing they are made.
(C) Request to leave. Whenever the presence of any person in any public or private place is causing, or likely to cause any of the conditions enumerated in (B) (1) above, any police officer may order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer, shall be guilty of a violation of this section.
(D) (1) No person shall loiter or prowl in any public or private place at a time, in a manner, or under circumstances which warrant alarm for the safety of persons or security of property in the surrounding area. Without limitation any of the following circumstances may be considered in determining whether such alarm is warranted:
(a) The person refuses to identity himself;
(b) The person flees upon the appearance of a police officer;
(c) The person attempts to conceal himself upon the appearance of a police officer;
(d) The person is observed systematically checking doors, windows, or other means of access to buildings, houses, or vehicles.
(2) Unless flight by the actor or other circumstances make it impracticable, a police officer shall prior to any arrest for an offense under this subsection afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection, if the officer did not comply with the requirements of the preceding sentence, or it appears at trial that the explanation given by the actor was true, and if believed by the police officer at the time would have dispelled the alarm.
(E) Whoever violates this section is guilty of a minor misdemeanor on the first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree.
(Ord. 26-1980, passed 7-8-80)