As used in this chapter, the following terms
shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location, including the
concepts of spending time idly, loafing or walking about aimlessly
and also including the colloquial expression "hanging around."
PARENT or GUARDIAN
Any adult person having the care or custody of a minor, whether
by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Any place to which the public has access, including any street,
highway, road, alley or sidewalk. It shall also include the front
or the neighborhood, including the doorway, of any store, shop, restaurant,
tavern or other place of business and public grounds, areas and parks,
as well as parking lots or other vacant private property not owned
by or under the control of the person charged with violating this
chapter or, in the case of a minor, not owned by or under the control
of his parent or guardian.
[Amended 1-8-2002 by L.L. No. 1-2002]
No person shall loiter in a public place in
such manner as to:
A. Create or cause to be created the danger of a 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 vehicles.
D. Obstruct, molest or interfere with any person lawfully in any public place, as defined in §
59-1 above. This subsection shall include the making of unsolicited remarks of any offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom or in whose hearing they are made.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in §
59-2 above, he may, if he deems it necessary for the preservation of the public peace and safety, 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 chapter.
[Amended 1-8-2002 by L.L. No. 1-2002]
No parent or guardian of a minor under the age
of 16 years shall knowingly permit that minor to loiter in violation
of this chapter.
[Amended 1-8-2002 by L.L. No. 1-2002]
Whenever any minor under the age of 16 years
is charged with a violation of this chapter, his parent or guardian
shall be notified of this fact by the Chief of Police or any other
person designated by him to give such notice.
If, at any time within 30 days following the giving of notice as provided in §
59-5 above, the minor to whom such notice relates again violates this chapter, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty, of the Code of the Village of Shortsville.