(a) For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
LOITERING means remaining in a public place in the downtown loop area which, for purposes of this article, includes the central business district of the city and the area bordered by the west side of Minnesota Avenue to Grange Avenue between Eighth Street and Thirteenth Street, with the apparent purpose of establishing control over an identifiable area, intimidating others from entering those areas, or to conceal illegal activities. LOITERING includes, but is not limited to:
A. Creating or causing to be created any disturbance or annoyance to the passage, access and comfort of any person:
B. Obstructing, impeding or restricting in any manner the free passage of pedestrians or vehicles; and
C. Obstructing, molesting or interfering with any person lawfully in any public place.
(b) No person shall be guilty of violation of this section unless a law enforcement officer has:
(1) Informed the person or persons within a group that the person or group is engaged in loitering within an area in which loitering is prohibited, and order the person or group to disperse and remove himself, herself or themselves from the area or from the place at which the order was issued; and
(2) Informed the person or persons within a group that he, she or they will be subject to arrest if the person or group fails to obey the order promptly or engages in loitering within sight or hearing of the location on which the order was issued during the next three hours.
(1992 Code, § 26-28) (Ord. 69-00, passed 8-14-2000) Penalty, see § 10.999