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(a) As used in this section:
(1) "Loitering" includes the following activities: lingering, hanging around, delaying, sauntering and moving slowly about, where such conduct is not due to physical defects or conditions.
(2) "Private place" means a place privately owned but open to the public generally, such as a shopping center, retail store, transportation terminal, movie theater, office building, restaurant and any distinctly private place such as a home, a private residence or an apartment house.
(3) "Public place" means a public street or alleyway, a public restroom, a public sidewalk, a public park, a public building or a Municipal airport.
(4) "Surrounding area" means that area easily and immediately accessible to the person under observation.
(b) (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, the following circumstances may be considered in determining whether such alarm is warranted:
A. The flight of a person upon the appearance of a police officer;
B. Attempted concealment by a person upon the appearance of a police officer; and
C. The systematic checking by a person of doors, windows or other means of access to buildings, houses or vehicles.
(2) Unless flight by the actor or other circumstances make it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the police 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 police officer at the time, would have dispelled the alarm.
(c) Whoever violates this section is guilty of loitering or prowling, a misdemeanor of the fourth degree.
(Ord. 86-O-21. Passed 11-25-86.)