A. A person is guilty of loitering if such person:
1. Appears at a place or at a time under circumstances that warrant alarm for the safety of persons or property in the vicinity, and upon inquiry by a law enforcement official, such person fails to give a reasonably credible account of his identity, conduct, or purposes; or
2. Loiters, remains, wanders, or lingers idly in or about a school, either by walking, sitting, standing, or by sitting in or upon a vehicle or conveyance, not having any reason or relationship involving custody of or responsibility for a pupil or student or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same, and upon inquiry of a law enforcement official, such person fails to give a reasonably credible account of his identity, conduct or purposes; or
3. Loiters, remains, wanders or lingers idly in or about a building, lot, street, sidewalk or any other public or private place, either by walking, sitting, standing, or by sitting in or upon a vehicle or conveyance, without apparent reason and under circumstances which justify suspicion that he may be engaged in or about to engage in a crime, and upon inquiry of a law enforcement official, such person fails to give a reasonably credible account of his identity, conduct or purposes; or
4. Is on or in any public area as hereafter defined, and which person:
a. Remains, wanders idly or prowls:
(1) In a manner or at a time not usual for law abiding citizens; or
(2) Under circumstances that warrant a reasonable alarm or immediate concern for the safety of persons or property in the vicinity; or
(3) Accosts other persons in any public place or in any place open to the public for the purpose of begging; and
b. Refuses to obey the lawful command of a law enforcement officer to move on, or provide to said police officer a lawful reason for remaining on or in said public area as hereafter defined;
c. The law enforcement officer's command shall be lawfully given when the alleged loitering by such person creates or causes to be created:
(1) A breach of the peace; or
(2) The actual or attempted obstruction, molestation or interference of any other person lawfully on or in any "public area", as hereafter defined, in such a manner as to cause such other person to reasonably fear for his safety; or
(3) The obstruction or attempted obstruction of the free normal flow of vehicular traffic, or the normal passage of pedestrian traffic in said public areas; or
(4) The unreasonable disturbance of any person acting lawfully on or in any said public place;
d. For the purposes of this subsection, "public area" means any place open to the public, including, but not limited to, any common public area of any shopping mall, public way, street, highway, alley or park.
B. No person shall be convicted under this section if the explanation such person gave of his conduct and purposes was true and, if believed by the law enforcement official at the time, would have dispelled the alarm.
C. Loitering is a class C misdemeanor. (Ord. 05-25, 5-18-2005)