(a) No person shall loiter or prowl in any public or private place at a time, in a manner or under circumstances which warrant alarm for the safety of persons or security of property in the surrounding area. Without limitation any of the following circumstances may be considered in determining whether such alarm is warranted:
(1) The person refuses to identify himself;
(2) The person flees upon the appearance of a police officer;
(3) The person attempts to conceal himself upon the appearance of a police officer; or
(4) The person is observed systematically checking doors, windows or other means of access to buildings, houses or vehicles.
(b) Unless flight by the actor or other circumstances make it impracticable, a police officer shall prior to any arrest for an offense under subsection (a) herein afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the officer did not comply with the requirements of this subsection, or it appears at trial that the explanation given by the actor was true, and if believed by the police officer at the time would have dispelled the alarm.
(c) Whoever violates this section is guilty of a minor misdemeanor on the first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree.
(Ord. 80-15. Passed 3-10-80.)