(A) Definitions. For purposes of this Code, the following words shall have the meanings ascribed to them as follows:
(1) “ Loitering” shall mean and shall include the following activity: Remaining idle in essentially one location and spending time idly in connection therewith; to linger; to stay; to saunter; to delay; to stand around; and shall also include the colloquial expression ‘hanging around’, moving slowly about; sleeping in motor vehicles or trailers located on public property; sleeping on streets or sidewalks, alleys, public ways, parks or other public property.
(2) “ Public Place” shall mean and include, but not be limited to, the following: All places commonly known as being distinctively public, such as: public streets, public restrooms, sidewalks, parks, municipal airports, alleys, and buildings; all places privately owned but open to the public generally, such as: shopping centers, transportation terminals, retail stores, movie theaters, office buildings, and restaurants.
(3) “ Surrounding Area” shall be defined as that area easily and immediately accessible to the person under observation.
(B) Determination of Probable Cause for Alarm or Concern and Prohibited Actions. Without limitation, the following activities and circumstances may be considered in determining probable cause for alarm or concern, and otherwise constitute prohibited actions for purposes of this law.
(1) The flight of a person upon the appearance of a police officer;
(2) Attempted concealment by a person of himself or an object upon the appearance of a police officer;
(3) Refusal to provide valid and current identification to a police officer upon request for same;
(4) The systematic checking by a person of doors, windows, or other means of access to buildings, houses or vehicles;
(5) Continuous presence by a person in close proximity to any building, house, vehicle, or any other property or to any other person, at any time when the activity of such person manifests possible unlawful activity, such continuous presence being for an unreasonable period of time under the circumstances then existing;
(6) The sleeping or living by a person in any motor vehicle or trailer, located on any public street, public highway, public sidewalk, or public alley or way, or any other public place or building, park, or other public property;
(7) Repeatedly beckoning to, stopping, or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation;
(8) Repeatedly stopping or attempting to stop motor vehicles, or beckoning to or yelling at or otherwise attempting to converse with individuals driving motor vehicles or bicycles upon public roadways;
(9) Interfering with or otherwise obstructing the free passage of and access to public places by members of the public, owners, or employees, or to impede them from conducting business;
(10) Engaging in behavior that raises a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful drug-related activity;
(11) Passing to or receiving from passers-by, whether on foot or in a vehicle, or by courier, money or other objects of value;
(12) Engaging in behavior or activities that otherwise constitutes prohibited actions under Illinois law or the Revised Code of the City of Staunton, Illinois, including specifically, but not limited to, disorderly conduct and trespassing.
(C) Loitering; Police Order to Disperse.
(1) It shall be unlawful for any person to loiter, either alone and/or in consort with others, in a public place, where such loitering is accompanied by activity or is under circumstances that afford probable cause for alarm or concern for the safety and well-being of persons, or for the security of property in the surrounding area.
(2) It shall be unlawful for any person to loiter, either alone and/or in consort with others, in a public place in such a manner so as to obstruct any public street, public highway, public sidewalk, or public alley or way, or any other public place or building, by hindering or impeding, or tending to hinder or impede, the potential for, or the actual free and uninterrupted passage of vehicles, traffic, or pedestrians.
(3) It shall be unlawful for any person to loiter, either along and/or in consort with others, in a public place in such a manner so as to commit in or upon any public street, public highway, public sidewalk, alley, or public way or any other public place or building, any act or thing which is an obstruction or interference to the free and uninterrupted use of property, or with any business lawfully conducted by anyone in or upon, or facing or fronting on any such public street, public highway, public sidewalk, alley, or public way, or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, or regress therein, thereof, and thereto, and no person shall, by his presence or by other means, either alone or in consort with others, interfere with or interrupt the conduct of business in the offices located in such buildings.
(4) When any person causes or commits any of the conditions enumerated in subsection (C)(1) herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who refuses or fails to do so shall be guilty of a violation of this Section for the underlying violation, and shall also be guilty of failure to obey a lawful command.
(D) Penalty. Any person who violates any of the provisions of this Section shall be subject to a fine not less than One Hundred Dollars ($100.00) nor to exceed Seven Hundred Fifty Dollars ($750.00). Any such violation shall constitute a separate offense on each successive day continued.
(Ord. No. 1296; 08-22-05)