(a) Prohibited Conduct. No person shall loiter in any public or private place at a time, or under any circumstance or in such a manner 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.
(2) Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
(3) Create or cause to be created an immediate, actual, physical violent reaction from another person, which violent reaction will cause a threat to the peace and order of the public.
(4) Interfere with, obstruct, harass, curse or threaten or do physical harm to another member or members of the public.
(5) Commit in or upon any public street, right of way, sidewalk or any other public place or building any act which interferes with the uninterrupted use of the property or lawful business conducted thereon, including the facing or fronting on any such public street, right of way, sidewalk, or place, all of which prevents the free and uninterrupted ingress, egress, and regress therein, thereon and thereto.
(6) Commit acts that demonstrate an intent to hire a prostitute or any other person to engage in sexual activity and/or who loiters in or within view of any public place for the purpose of being hired to engage in sexual activity. Conduct included herein shall include, but not be limited to, the random waving at or flagging down of vehicles.
(7) Commit acts that demonstrate an intent or desire to enter into or encourage third parties to engage in a drug transaction.
(b) Exceptions.
(1) A gathering of persons shall not be considered to be guilty of loitering if it has a legitimate purpose for being in the public place.
(2) Nothing herein shall be construed to prohibit orderly picketing or other lawful assembly.
(c) Police Officer’s Responsibility. When any person causes or commits any of the conditions enumerated in subsection (a) hereof, a police officer, in the exercise of reasonable judgment, may order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such an order shall be guilty of a violation of this section.
(d) Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:
(1) “Loitering” includes the following activities: lingering, hanging around, delaying, lurking, hiding, prowling, sauntering an moving slowly about, where such conduct is not due to physical defect or conditions, the systematic checking of doors and windows or the flight or concealment of a person, who is engaged in one of the above activities, upon the appearance of a police officer and includes physical and verbal acts which are commonly associated with the commission of a crime or the attempt to commit a crime. This definition includes committing the aforementioned acts on foot, as well as by motor vehicle, bicycle, or any other means of conveyance.
(2) “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 residences and apartment houses.
(3) “Public place” means public streets and alleyways, public restrooms, public sidewalks, public parks and public buildings.
(Ord. 14-2000. Passed 9-5-00.)