[HISTORY: Adopted by the Mayor and Council of the City of
Seat Pleasant 6-1-2015 by Ord.
No. O-15-07. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
For a person to:
Remain on a public street, sidewalk, or pathway, including one
privately owned but used by the public in general, so as to obstruct
the free passage of a pedestrian or vehicle after a regular or special
police officer has notified the person that he or she is obstructing
free passage and has requested the person to move;
Remain in or on a vehicle on a public street, sidewalk, or pathway,
including one privately owned but used by the public in general, so
as to obstruct the free passage of a pedestrian or vehicle after a
regular or special police officer has notified the person that he
or she is obstructing free passage and has requested the person to
move;
Refuse or fail to leave or remove a vehicle from a private business,
commercial establishment, or parking lot that is posted with conspicuous
"No Loitering" or "No Trespassing" signs if such business or establishment
is not open for business and the person has been requested to leave
by the owner, the owner's agent, or a regular or special police
officer, unless the person has written permission from the owner,
lessee, or operator to be present;
Refuse or fail to leave a private business or commercial establishment
that is open for business, or a parking lot thereof, after having
been requested to do so by the owner, the owner's agent, or a
regular or special police officer;
Refuse or fail to leave a public building, public grounds, public
recreational area, or a parking lot thereof, after being requested
to do so by a regular or special police officer or a regularly employed
guard, watchman, or other authorized individual of the agency or institution
responsible for such premises, if the circumstances reasonably indicate
that the person has no apparent lawful business or purpose to be present
at such place; or
Return, for no apparent lawful business or purpose, to the same
public or private property from which the person was asked to leave
within the previous 24 hours.
This definition does not prohibit orderly demonstration by labor
unions or members of the public.
[Added 3-11-2019 by Ord.
No. O-19-06]
[Amended 3-11-2019 by Ord. No. O-19-06]
A.
A person who loiters in violation of this chapter shall be guilty
of a misdemeanor and, upon conviction or guilty plea, shall be subject
to the following:
(1)
For the first offense, a fine of $50; or for the first offense, a
written warning requesting an individual to move; and
(2)
For a second written offense, a fine not exceeding $500.
(3)
For a third written offense and subsequent written offenses, a fine
not exceeding $500 or imprisonment not exceeding 30 days, or both.
B.
No person shall be charged with a violation of this chapter unless
and/or until the arresting offer has first warned the person of the
violation and the person has failed or refused to stop the violation.
