(a) It is unlawful for any person or persons to stand or loiter on any sidewalk, park or any street corner or at any other place in the City to the hindrance or obstruction to free passage of any person or persons passing on or along any sidewalk or street in said City.
(b) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern 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 law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.
(c) Nothing described herein shall be interpreted or construed to prevent any constitutionally protected activity including but not necessarily limited to the exercise of one’s constitutionality guaranteed rights of freedom of speech or assembly. No person may be convicted under this section when his sole intent for engaging in the activity for which he was arrested was to exercise one or more of the rights guaranteed to him under the Constitution of the United States or the State Constitution or to exercise any other right guaranteed to that person by law. (Ord. 1987-3. Passed 10-20-87.)