9.04.080   Prohibition against loitering in nocruising zone.
   A.   It is unlawful for any person to loiter on any property in the proximity of any identified no-cruising zone.
   B.   For purposes of this section, "loitering" means being present on any property under such circumstances that a reasonable person would conclude that the person:
      1.   Does not have a purpose connected with the usual and ordinary use to which such property is put; and
      2.   Does not have a bona fide intent to exercise a constitutional right; and
      3.   Is causing public inconvenience or annoyance.
   C.   For the purposes of this section, "property in the proximity of any posted no-cruising zone" means any property which is both visible from and located within three hundred (300) feet of any portion of a street, alley or highway which is clearly identified by signs as a no-cruising zone pursuant to Section 10.32.080 of this code.
   D.   It is a separate offense if, upon citation for loitering pursuant to this section, a person fails to depart promptly from the proximity of the posted no-cruising zone.
   E.   Violation of this section is an infraction. The penalty for a first violation hereunder is a one hundred dollar ($100.00) fine; for a second violation within one year, the penalty is a two hundred dollar ($200.00) fine; for each additional violation within one year, the penalty is a five hundred dollar ($500.00) fine. (Prior code § 26.01.076)