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(a) In this section the following words and phrases shall have the meanings respectively ascribed to them:
(1) “Loitering” shall mean remaining idle in essentially one location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around; where such conduct is not due to physical defects or conditions; and also includes the colloquial expression “hanging around.”
(2) “Public place” shall mean any place to which the general public has access and a right of resort for business, entertainment or for lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include, but not be limited to the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks, public streets, alleyways, public restrooms, public sidewalks, public parks and public buildings.
(3) “Private place” means and includes 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.
(4) “Surrounding area” means that area easily and immediately accessible to the person under observation.
(b) It shall be unlawful for any person within the City to loiter, loaf, prowl, wander, stand or remain idle either alone or in consort with others in a public or private place in such manner so as to:
(1) Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians after having been told to move on by a police officer.
(2) Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon and thereto after having been told to move on by a police officer.
(3) Obstruct the entrance to any business establishment, without so doing for some lawful purpose, if contrary to the expressed wish of the owner, lessee, managing agent or person in control or charge of the building or premises.
(4) Loiter or prowl in a manner or under circumstances which warrant alarm for the safety of persons or security of property in the surrounding area.
(c) No person shall loiter in or about any parking lot or other area set aside for the parking of vehicles in any park. No person shall park a motor vehicle in any park for the purpose of displaying or exhibiting same or for the purpose of offering same for sale or for the purpose of performing mechanical work or cleaning, washing or polishing same and engage in any display, exhibition, gathering, demonstration, parade or other gathering within a parking lot or other area set aside for the parking of vehicles in any park without a permit or written authorization by the director of recreation.
(d) The following circumstances shall be considered in determining whether such 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.
(Ord. 2005-23. Passed 5-17-05.)