(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LURKING/LOITERING. Includes:
(a) The obstruction of free and unhampered passage of pedestrians or vehicles on the public streets, sidewalks, and public places within the city;
(b) Interfering with any person lawfully on the premises by obstructing passage; or
(c) Refusing to move on when so requested by a peace officer when such peace officer reasonably makes such request to preserve or to promote public peace and order.
PREMISES. Any land, lot, parcel, sidewalk, boulevard, street, highway, alley, thoroughfare, park, playground, restaurant, café, church, school, car, or parking lot or parking space, drive-in; any building used for business purposes, commercial or industrial purposes, or any other place, washroom or toilet, apartment hallway, or other location whether public or private in the city.
(B) Unlawful acts. Lurking, loitering, or being concealed in, upon, or near the public streets, highways, roads, alleys, parks, playgrounds, sidewalks, or other public grounds, in public buildings, places of amusement, entertainment, or refreshment, vacant lots, parking lots and spaces, or other unsupervised places or any property, whether public or private, not his or her own, is prohibited:
(1) When such conduct results in the making of any noise, riot, disturbance, or improper diversion to the annoyance or disturbance of another;
(2) When such conduct tends reasonably to or is likely to arouse alarm, anger, fear, or resentment in another;
(3) When such conduct is with intent to do any mischief or to commit any crime or unlawful act;
(4) When such persons shall collect in groups or crowds in, upon, or near any street, sidewalk or public place in said city so as to interfere with or obstruct public travel or movement or parking;
(5) When such conduct results in the defacement or destruction of or causes any damage to any part of the premises or any property located thereon;
(6) When such person scatters, litters, throws, or otherwise disposes or deposits any refuse, garbage, or rubbish onto the premises except into receptacles provided for such purpose;
(7) When such persons shall use profane, abusive, indecent, or threatening language towards any person or persons, including peace officers;
(8) When such persons shall conduct singly or in groups at or about a business premise which is closed;
(9) When such person or persons shall stand or linger about the doorway of any building in such a manner as to obstruct or partially obstruct the free and uninterrupted ingress or egress to or from such building or in such a manner as to annoy the owner or occupant of such building or the owner or occupant of any adjacent premises; and
(10) (a) Further, it is unlawful for any adult, parent, or guardian to knowingly or negligently permit their juvenile child to violate this section.
(b) The second violation of this section by a juvenile shall be prima facie evidence that the adult, parent, or guardian knowingly or negligently permitted the juvenile to violate this section.
(C) Responsibility of parents.
(1) It is unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of 16 years to knowingly permit such minor to loiter or lurk on any premises as described in this section.
(2) This restriction shall not apply to a minor who is accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor or where the minor is upon a legitimate business activity or errand directed by his or her parent, guardian, or custodian.
(2006 Code, § 10.49) (Ord. 117, 3rd Series, passed 4-3-1998) Penalty, see § 130.99