(a) Definitions. "Loitering" means remaining idle in essentially one location and includes the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around and also includes the colloquial expression "hanging around". "Public place" means any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the use of the public. It includes the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
(b) No person shall loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to:
(1) Obstruct any public street, public highway, public sidewalk, public parking lot 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 any public street, public highway, public sidewalk, public parking lot or any other public place or building any act or thing which is an obstruction or interference with the free and uninterrupted use of property or with any business lawfully conducted by anyone in, upon, facing or 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.
(c) When any person causes or commits any of the conditions enumerated in subsection (b) herein, a law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of the section.
(d) No person shall 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, or circumstances which justify an articulable suspicion that the person may be engaged in or about to engage in a crime. 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 law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object.
(e) When any person causes or commits any of the conditions enumerated in subsection (d) herein, unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under subsection (d), afford the person an opportunity to dispel any alarm by identifying himself and satisfactorily explaining his presence as being for no illegal purpose. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with the preceding sentence, or if it appears at the trial that the explanation given by the accused was true and, if believed by the law enforcement officer at the time would have dispelled the alarm.
(3-24-80)