(A) No person shall loiter or prowl in any public or private place, in any manner or under circumstances which warrant alarm for the safety of persons or security of property in the surrounding area.
(B) Without limitation, the following circumstances may be considered in determining whether such alarm is warranted:
(1) The flight of a person upon appearance of a police officer;
(2) Attempted concealment by a person, of another person or item, upon the appearance of a police officer; or
(3) The checking by a person of doors, windows, or other means of access to buildings, houses, or vehicles.
(C) Unless flight by the actor or other circumstances make it impracticable, a police officer shall, prior to any arrest for the offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting the actors or actor to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial, the explanation given by the actor was true, and if believed by the police officer at the time, would have dispelled alarm.
(D) For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
LOITERING. To stand idly about, linger aimlessly, loaf, hang around, delay, saunter, and proceed slowly on which many stops, where such conduct is not due to physical defects or conditions.
PRIVATE PLACE. Places privately owned but open to the public generally, such as shopping centers, retail stores, transportation terminals, movie theaters, office buildings, restaurants, and private places such as homes or private residences and apartment houses.
PROWL. To roam through stealthily, as in search of prey or plunder; to move furtively or with predatory intent.
PUBLIC PLACE. Public streets and alleyways, public restrooms, public sidewalks, public parks, public buildings, and municipal airports.
SURROUNDING AREA. That area easily and immediately accessible to the person under observation.
(E) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 933, passed 12-16-1991)