(A) The term LOITER as used in this section shall mean remaining in one place without any business or reasonable excuse therefor.
(B) A person commits a violation if he or she loiters or prowls in a place, at a time, or in a manner not usual 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 alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting the person to identify himself or herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect’s escape.
(C) It shall be unlawful for any person, after first being warned by a police officer, or where a “no loitering” sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasi-public sidewalk, street, curb, cross-walk, walkway area, mall, or that portion of private property utilized for public use so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public.
(D) It shall be unlawful for any person to loiter in or near any thoroughfare or place open to the public for the purpose of inducing, enticing, soliciting, or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such action is consistent with the intent to induce, entice, solicit, or procure another to commit an act of prostitution are that the person is a known prostitute or panderer and repeatedly beckons in the attempt to stop or engage male or female passersby in conversation, or repeatedly stops or attempts to stop motor vehicles by engaging their operators by hailing, waving of arms, or other bodily gestures. The violator’s conduct must be such as to demonstrate a specific intent to induce, entice, solicit, or procure another to commit an act of prostitution.
(1) No arrest shall be made for a violation of this division unless the arresting officer first affords the person an opportunity to explain his or her conduct, and no one shall be convicted of violating this division if it appears at trial that the explanation given was true and disclosed a lawful purpose.
(2) Upon arrest for violation of this division, the arresting officer must convey the following Miranda Right: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you”. The phrasing may very from the aforementioned language, but must convey the similar message. The arresting officer must ensure that the person being arrested understands his or her rights.
(E) For the purpose of this section, PUBLIC PLACE means an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(Prior Code, § 17-42) Penalty, see § 130.999