A. Unlawful Acts:
1. The following acts are unlawful and violations thereof shall be punished as set forth in section 6-2-1
.
a. Occupying, lodging or sleeping in any building, structure, or place, whether public or private, or in any motor vehicle without the permission of the owner or person entitled to possession or in control thereof;
b. Loitering, prowling, or wandering upon the private property of another, without lawful business, permission, or invitation by the owner or the lawful occupants thereof; or
c. Loitering or remaining in or about, or adjacent to school grounds or buildings, without having any reason or relationship involving custody of or responsibility for a pupil or student, school authorized functions, activities, or use.
2. Law enforcement officers shall not enforce this division A when the individual is on public property and there is no available overnight shelter. The term "available overnight shelter" is a public or private shelter, with an available overnight space, open to an individual or family unit experiencing homelessness at no charge. If the individual cannot utilize the overnight shelter space due to voluntary actions such as intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space shall still be considered available.
B. Definitions:
ADJACENT: | Property immediately bordering on, next to, or separated only by a public roadway. |
LOITER: | To prowl, wander, or remain idle without apparent business essentially in one location. (Ord. 1022, 3-12-1984; amd. 1990 Code; Ord. 1691, 3-9-2020) |