A person is guilty of loitering if the person:
(2) Loiters or remains in a public place for the purpose of committing, attempting to commit, or soliciting another person to commit, a lewd or sexual act; or
(3) Loiters or remains in or about a school building or grounds, not having any reason or relationship involving custody or responsibility for a pupil or any other specific or legitimate reason for being there, and not having written permission from the school administrator; or
(4) Loiters or prowls in a place, at a time, or in a manner not used for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the subject takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object.
Unless flight by the subject or other circumstances makes it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford the subject 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 peace officer did not comply with the preceding sentence, or if it appears at a trial that the explanation given by the subject was true, and if believed by the peace officer at the time, would have dispelled the alarm.
(Ord. 73-46. Passed 9-17-73.)
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.