533.15 LOITERING FOR ENGAGING IN PROSTITUTION.

   (a)    No person shall loiter or remain in a public place for the purpose of engaging in, 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: That such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop passersby, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture.

   (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 or statute of the State defining and punishing acts of soliciting, committing or offering or agreeing to commit prostitution.

      (2)    "Loitering" Means remaining idle in essentially one place and includes the concepts of spending-time idly, loafing or walking about aimlessly.

      (3)    "Public place" means an area, either publicly owned or to which the public has access, where offenses relating to sexual conduct are known to have been committed.

      (4)    "Sexual activity" means sexual conduct or sexual contact, or both, as defined in Section 533.01.

   (e)    Whoever violates this section is guilty of loitering, a minor misdemeanor.

(Ord. 83-066. Passed 3-15-83. )