(a) Definitions. As used in this section:
(1) "Loitering" means remaining idle in essentially one location and includes the concepts of spending time idly, loafing or walking about aimlessly, and includes the colloquial expression "hanging around."
(2) "Private places" means any place privately owned but open to the public generally, such as shopping centers, retail stores, transportation terminals, movie theaters, office buildings, restaurants and all distinctively private residences and apartment houses.
(3) "Public places" means public streets and alleyways, public parks and public buildings.
(4) "Surrounding area" means that area easily and immediately accessible to the person under observation.
(b) Loitering Prohibited.
(1) No person shall loiter in a public place in such manner as to:
A. Create or cause to be created a danger of breach of the peace;
B. Create or cause to be created any disturbance or annoyance to the comfort and repose of any person;
C. Obstruct the free passage of pedestrians or of any vehicle;
D. Obstruct, molest or interfere with any person lawfully in any public place.
(2) This division shall include the making of unreasonable noise or offensively coarse utterances, gestures or displays to any person, or the communication of unwarranted and grossly abusive language to any person, which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.
(c) Request to Leave. Whenever the presence of any person in any public or private place is causing, or is likely to cause, any of the conditions enumerated in division (b)(1) of this section, any police officer may order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
(d) Suspicious Persons.
(1) 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:
A. The person refuses to identify himself or herself.
B. The person flees upon the appearance of a police officer.
C. The person attempts to conceal himself or herself upon the appearance of a police officer.
D. The person is observed systematically checking doors, windows or other means of access to buildings, houses or vehicles.
(2) Unless flight by the actor or other circumstances make it impracticable, a police officer shall, prior to any arrest for an offense under this division, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this division if the officer did not comply with the requirements of the preceding sentence, or if it appears at trial that the explanation given by the actor was true an that if believed by the police officer at the time would have dispelled the alarm.
(e) Penalty. Whoever violates this section is guilty of a minor misdemeanor for a first offense. For a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree. For each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree. The penalty shall be provided in Section 698.02.
(Ord. 79-38. Passed 8-15-79.)