[HISTORY: Adopted by the Common Council of
the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 9.18
and 9.40 of the 1988 Code. Amendments noted where applicable.]
No person shall loiter or prowl in a place,
at a time or in a manner not usual for law-abiding individuals under
circumstances that warrant alarm for the safety of persons or property
in the vicinity. Among the circumstances which may be considered in
determining whether such alarm is warranted is the fact that the person
takes flight upon appearance of a police or peace officer, refuses
to identify himself or manifestly endeavors to conceal himself or
any object. Unless flight by the person or other circumstances make
it impracticable, a police or peace officer shall, prior to any arrest
for an offense under this section, afford the person an opportunity
to dispel any alarm which would otherwise be warranted by requesting
him to identify himself and explain his presence and conduct. No person
shall be convicted of an offense under this section if the police
or peace officer did not comply with the preceding sentence or if
it appears at trial that the explanation given by the person was true
and, if believed by the police or peace officer at the time, would
have dispelled the alarm.
A.
No person shall obstruct any street, bridge, sidewalk
or crossing by lounging or loitering in or upon the same after being
requested to move on by any police officer.
B.
No persons shall loaf or loiter in groups or crowds
upon the public streets, alleys, sidewalks, street crossing or bridges
or in any other public places within the City in such manner as to
prevent, interfere with or obstruct the ordinary free use of such
public streets, alleys, sidewalks, street crossings and bridges or
other public places by persons passing along and over the same.
No persons shall loaf or loiter in groups or
crowds upon the public streets, sidewalks or adjacent doorways or
entrances, street crossings or bridges or in any other public place
or on any private premises without invitation from the owner or occupant,
after being requested to move by any police officer or by any person
in authority at such places.
[Amended 10-1-2013 by Ord. No. 1971(5)]
No person shall loiter, lounge or loaf in or
about any depot, theater, dance hall, restaurant, store, public sidewalk,
public parking lot or other place of assembly or public use after
being requested to move by any police officer. Upon being requested
to move, a person shall immediately comply with such request by leaving
the premises or area thereof at the time of the request. A person
shall be in violation of this chapter, even if such person has not
been requested to move by a police officer as stated above, if the
person is found loitering, lounging, or loafing in or about a place
designated above in which a sign has been posted indicating "No Loitering."
