(a) Definitions.
(1) “Loitering” means remaining 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 any public entity.
(4) “Surrounding area” means that area easily and immediately accessible to the person under observation.
(b) Prohibitions.
(1) No person shall loiter in a public place or establishment in such manner as to:
A. Create or cause to be created a danger of breach of the peace;
B. Create or cause to be created a disturbance or annoyance to the comfort and repose of any person;
C. Obstruct the free passage of pedestrians or vehicles;
D. Obstruct, molest or interfere with any person lawfully in any public place;
E. Obstruct, molest, disrupt or interfere with the lawful business activities of any lawful business establishment.
The above prohibitions include but are not limited to, 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 may be calculated to annoy or disturb the person to or in whose hearing such noises or utterances are made.
(2) 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. Without limitation, any of the following circumstances may be considered in determining whether such alarm is warranted:
A. The person refuses to identify himself or herself;
B. The person flees upon appearance of a police officer;
C. The person attempts to conceal himself or herself upon the appearance of a police officer; and
D. The person is observed systematically checking doors, windows or other means of access to the building, houses or vehicles.
(c) Request to Leave.
(1) Whenever the presence of any person in any public place or establishment is causing or is likely to cause any of the conditions enumerated in subsection (b)(1) and (b)(2) hereof, any police officer may order that person to leave that place. Whoever refuses to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
(2) Unless flight by the actor or other circumstances make it impractical, a police officer shall, prior to any arrest for an offense under subsection (b)(2) hereof, afford the actor an opportunity to dispel any alarm which would otherwise be warranted by requesting him or her to identify themselves and explain their presence and conduct. No person shall be convicted of an offense under this subsection (b)(2) hereof, if the police officer does not comply with those requirements of the preceding sentence or if it appears at the trial that the explanation given by the actor was true, and if believed by the police officer at that time would have dispelled the alarm.
(d) Penalties. Whoever violates subsection (b)(1) 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)(2) hereof is guilty of a misdemeanor of the fourth degree. Continuing to violate subsection (b)(1) hereof after warning by a police officer to desist shall also constitute a misdemeanor of the fourth degree.
(Ord. 97-24. Passed 6-2-97.)