As used in this article, the following terms
shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location, and includes
the concepts of spending time idly, loafing or walking about aimlessly
and also includes the colloquial expression "hanging around."
PARENT or GUARDIAN
Includes any adult person having 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, and includes 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 by or under
the control of the person charged with violating this article or,
in the case of a minor, not owned by 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 §
188-9. This subsection will include the making of unsolicited remarks of an 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 §
188-10, 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 article.
No parent or guardian of a minor under the age
of 18 years shall knowingly permit that minor to loiter in violation
of this article.
Whenever any minor under the age of 18 years
is charged with a violation of this article, 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 §
188-13 the minor to whom such notice relates again violates this article, 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.
[Amended 7-30-1984 by Ord. No. 84-222; 12-16-2013 by Ord. No. 13-764]
Any person violating any of the provisions of
this article shall, upon conviction, be punished by a fine not exceeding
$2,000 or imprisonment for a period not exceeding 90 days, or both.