(A) Definition. As used in this section, the term “LOITER” shall have the following meanings: (1) to dawdle, (2) to be dilatory, (3) to delay, (4) to linger, (5) to saunter, (6) to stand or spend time idly. It may include remaining idle in one location, including walking around aimlessly, and sitting or standing in or out of a motor vehicle.
(B) General prohibition.
(1) No person shall loiter 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.
(2) Among the circumstances that may be considered in determining whether such alarm is warranted is the fact that the actor: has taken flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object.
(3) Unless flight by the actor or other circumstances makes it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm that would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct.
(4) No person shall be convicted of an offense under this section if the peace officer did not comply with the requirement set forth in 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) Prohibited on private property.
(1) No person shall loiter on private property that is customarily used by the public as an integral part of a commercial venture in such a manner as to:
(a) Disturb the peace as defined by state law;
(b) Obstruct the free passage of pedestrians or vehicles.
(c) Obstruct or interfere with any person lawfully seeking access to, or the use of, the commercial enterprise conducted on the property, or adjacent or contiguous to the property.
(2) No person shall be considered to have violated this division unless:
(a) The property owner or tenant shall post the property with “NO LOITERING” signs or other notices of like meaning at the entrance or entrances to the property, and at intervals of not less than 50 feet on such property. Property of 50 feet or less may contain only one sign; and
(b) The person to be charged with loitering has been asked by the owner or tenant of the property, by an employee of the owner or tenant, by a security officer or by a law enforcement officer, to leave the property and has failed to leave.
(D) Penalty. Any person violating any provision of this section shall be fined not less than $25 nor more than $100. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
('80 Code, § 17-4) (Ord. 2034, passed 11-5-73: Am. Ord. 2885, passed 9-8-92)