§ 130.23 LOITERING.
   It shall be unlawful to:
   (A)   Stand, sit or lie in or upon any public or quasi-public sidewalk, street, curb, crosswalk, walkway area, mall or private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians thereon or so as to prevent the free access to the entrance to any building, portion thereof, or tenant space, open to the public; or
   (B)   Loiter or prowl in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances makes an impracticable, a peace officer shall prior to any arrest for an offense under this division (B) 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 division (B) if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm.
   (C)   Anyone found in violation of this section shall be fined not more than $750 for each violation.
(Ord. C0-03-05, passed 2-3-2003)