(a) Definitions.
(1) “Loitering” means to remain idle in essentially one location and includes the concepts of spending time idly, loafing or walking about aimlessly and also includes the colloquial expression “hanging around”, where such conduct is not due to the individual’s physical defects or conditions.
(2) “Establishment” means any privately owned place of business, whether operated for profit or nonprofit, to which the public is invited, including, but not limited to, any place of amusement, entertainment, restaurant, retail store, or other business activity.
(3) “Public place” means public streets and alleyways, public restrooms, public sidewalks, public parks, public buildings and any and all operations owned and/or operated by a public entity.
(4) “Surrounding area” means that area easily and immediately accessible to the person under observation.
(b) Prohibitions. No person shall loiter in a public place or establishment in such a manner as to:
(1) Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.
(2) Commit in or upon a public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of the property or with any business lawfully conducted by anyone in or upon or facing the fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress therein, thereon and thereto.
(3) Linger about the doorway of any building, or sit or linger upon the steps, window sills, railings, fence or parking area adjacent to any building in such a manner so as to obstruct or partially obstruct the ingress to or egress from such building or in such manner so as to create or cause to be created a disturbance or annoyance to the comfort and repose of any person, the owner or occupant.
(4) Remain for more than five minutes upon any private business premises which is posted with a conspicuous sign containing the words “No Loitering”, when:
A. The business establishment is closed;
B. The person charged does not visibly demonstrate any attempt to conduct business at the establishment or to leave the premises after having conducted such business; or
C. After having been asked by the owner or occupant of the business to leave the premises.
(5) Remain for more than five minutes on any public business premises or private nonbusiness premises which is posted with a conspicuous sign containing the words “No Loitering” when:
A. The public business premises neither has been or will be open for business in thirty minutes; or
B. The person charged does not visibly demonstrate any intent to conduct business at the establishment or to leave the premises after having conducted such business; or
C. After having been asked by the owner or occupant of the business to leave the premises.
(6) No person shall loiter or prowl in any public place or establishment at a time, in a manner, or under circumstances which warrant alarm to the safety of persons or security of property in the surrounding area.
(c) Penalty. Whoever violates subsections (b)(1) through (b)(5) hereof is guilty of loitering, a minor misdemeanor, and shall be fined if the offender is an adult and shall be dealt with according to the statutes and rules governing juvenile offenders if the offender is seventeen years of age or younger. Whoever violates subsection (b)(6) hereof is guilty of a misdemeanor of the fourth degree. Continuing to violate subsection (b)(1) through (b)(5) hereof after warning by a police officer to desist shall also constitute a misdemeanor of the fourth degree. Punishment shall be as provided in Chapter 698.
(Ord. 53-01. Passed 9-17-01.)