It shall be unlawful for any person to loiter, as hereinafter
defined, in, on, or about any place, public or private, when such
loitering is accompanied by activity or is under circumstances that
afford probable cause for alarm or concern for the safety and well-being
of persons or for the security of property, in the surrounding area.
(1995 Code of Ordinances, Chapter 7, Article 7.500,
Section 7.501)
(a) For
the purposes of this article, the term "loiter" shall include the
following activities: The walking about aimlessly without apparent
purpose; lingering; hanging around; lagging behind; and moving slowly
about, where such conduct is not due to physical defects or conditions.
(b) For
the purposes of this article, the term "any place," public or private,
shall include, but not be limited to, the following: All places commonly
known as being distinctively public, such as public streets, public
restrooms, sidewalks, parks, municipal airports, alleys and buildings;
all places privately owned but open to the public generally such as
shopping centers, transportation terminals, retail stores, movie theaters,
office buildings, and restaurants; and, all places distinctively private,
such as homes or private residences and apartment houses.
(c) For
the purposes of this article, the term "surrounding area" shall be
defined as follows: That area easily and immediately accessible to
the person under observation.
(1995 Code of Ordinances, Chapter 7, Article 7.500,
Section 7.502)
Without limitation, the following activities and circumstances
may be considered in determining probable cause for alarm or concern:
(1) The
flight of a person upon the appearance of a peace officer or any other
person;
(2) Attempted
concealment by a person upon the appearance of a peace officer or
any other person;
(3) The
systematic checking by a person of doors, windows, or other means
of access to buildings, houses, or vehicles;
(4) Repeated
activity by a person, continuous or broken, which outwardly manifests
no purpose, such as going from one place to another and back with
no showing of use for such movement;
(5) Continuous
presence by a person in close proximity to any building, house, vehicle,
or any other property or to any other person, at any time when the
activity of such person manifests possible unlawful activity, such
continuous presence being for an unreasonable period of time under
the circumstances then existing;
(6) A change
of direction by a person upon the appearance of a peace officer in
order to avoid meeting or crossing paths of such officer;
(7) If on
private property, the continued refusal of a person to leave such
private property when requested to do so by the owner, manager, proprietor,
or lessee of such property.
(1995 Code of Ordinances, Chapter 7, Article 7.500,
Section 7.503)