For purposes of a prosecution under § 131.21 of this chapter, the following applies.
(A) Among the circumstances which may be considered in determining whether reasonable grounds for belief have arisen that such person is loitering is the fact that such person:
(1) Takes flight upon appearance of a peace officers;
(2) Refuses to identify himself or herself;
(3) Manifestly endeavors to conceal himself or herself or any object;
(4) Systematically checks the means of access to buildings or vehicles;
(5) Maintains a continuous presence in close proximity to a place when his or her activity manifests a high probability of unlawful activity; or
(6) Carries out conduct within those enumerated at § 131.21 of this chapter, as conduct which creates a presumption of warranting alarm for the safety of persons or property in the vicinity.
(B) Unless flight by the person or other circumstances make it impractical, a peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm otherwise warranted, or explain any circumstances giving rise to reasonable grounds for belief that such person is loitering by requesting him or her to:
(1) Identify himself or herself; and
(2) Explain his or her presence and conduct.
(Prior Code, § 27-2-31) (Ord. 12-449, passed 7-2-2012)