509.10  LOITERING.
   (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.
   (b)   Without limitation, the following circumstances may be considered in determining whether an alarm is warranted:
      (1)   The flight of a person upon the appearance of a police officer;
      (2)   Attempted concealment by a person upon the appearance of a police officer; or
      (3)   The systematic 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 an offense under this section, 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 police officer did not comply with the preceding sentence, or if 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.
   (d)   For the purposes of this section, the following words and phrases shall have the following meaning respectively ascribed to them:
      (1)   "Loitering" means the following activities:  lingering, hanging around, delaying, sauntering and moving slowly about, where this conduct is not due to physical defects or conditions.
      (2)   "Private place" means places privately owned but open to the public generally, such as shopping centers, retail stores, transportation terminals, movie theaters, office buildings, restaurants and all distinctly private places such as homes or private residences and apartment houses.
      (3)   "Public place" means public streets and alleyways, public restrooms, public sidewalks, public parks, public buildings and municipal airports.
      (4)   "Surrounding area" means that area easily and immediately accessible to the person under observation.
   (e)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(1979 Code 132.11)