(A) No person shall prowl or loiter on foot, in a motor vehicle, or in any other manner in or about any of the following places without an apparent legitimate purpose reasonably connected therewith:
(1) School building;
(2) Recreation centers for minor;
(3) A public place where an educational, religious, or recreation activity for minors is being conducted;
(4) Grounds or parking lots appurtenant to or used in connection with divisions (A)(1), (A)(2), or (A)(3) above; and
(5) A street or alley in the immediate vicinity of any above-mentioned place.
(B) (1) Among the circumstances which may be considered in determining that such loitering is not for an apparent legitimate purpose reasonably connected therewith is the fact that:
(a) The person takes flight upon appearance of or investigation by a law enforcement officer;
(b) The person is not within the age group to which the educational, religious, or recreational center or activity is directed; and/or
(c) The law enforcement officer has knowledge or reliable information that the person has quit school or been expelled therefrom or that the person has been ordered to stay away from the educational, religious, or recreation center or activity by a person in charge of or supervising said activity.
(2) This enumeration shall be deemed partial and shall not operate to exclude other circumstances which are within the general terms of division (A) above.
(C) Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to an arrest for an offense under this section, afford the person an opportunity to manifest a legitimate purpose reasonably connected with said place or activity, by requesting him or her to identify himself or herself and explain his or her presence and conduct.
(D) No person shall be convicted of an offense under this section if the law enforcement officer failed to comply with division (C) above, or if it appears at trial that the identification and explanation was true and, if believed by the peace officer at the time, would have established a legitimate purpose reasonably connected with said place or activity.
(Prior Code, § 130.23) (Ord. D-665, passed 9-8-1964, effective 11-1-1964; Ord. D-1758, passed 1-22-1996, effective 2-1-1996) Penalty, see § 130.99