For the purposes of this chapter, the terms used herein shall be defined
as follows:
LOITERING
Remaining idle in essentially one location and shall include the
concepts of spending time idly, loafing or walking about aimlessly and shall
also include the colloquial expression "hanging around."
PUBLIC PLACE
Any place to which the public has access and shall include any street,
highway, road, alley or sidewalk. It shall also include the front or the neighborhood
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 or under the control of the person charged with violating
this chapter or, in the case of a minor, not owned or under the control of
his parent or guardian.
No person shall loiter in a public place in such manner as to:
A. Create or cause to be created a 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 §
175-1. This subsection shall include the making of unsolicited remarks of an offensive, disquieting or insulting nature or which are calculated to annoy or disturb the person to 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 §
175-2, 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 1-1-1981 by Ord.
No. 80-23-780]
Any person who shall violate this chapter shall, upon conviction, be
subject to a fine in an amount not to exceed $500 or be confined
to the county jail for a term not to exceed 90 days, or both, in the discretion
of the Judge of the Municipal Court.