[HISTORY: Adopted by the Common Council of the City of Hudson by Ord.
No. 1-81 as Ch. 10, Secs. 10.12 and 10.40 of the 1981 Code; amended
by Ord. No. 32-94. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the following
meanings, unless the context clearly indicates that a different meaning is
intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless manner
or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate, threaten
or otherwise disturb another in or about any public street, sidewalk, bridge
or public ground which is offensive to the public morals or decency of the
citizens of the City of Hudson.
An area generally visible to public view and includes streets, sidewalks,
bridges, alleys, plazas, parks, driveways, parking lots, automobiles, whether
moving or not, and buildings open to the general public, including those which
serve food or drink or provide entertainment, and the doorway and entrance
to buildings or dwellings and the grounds enclosing them.
A.
No person shall loiter in, on or about any public street,
public sidewalk, street crossing, alley, bridge, public parking lot or other
place of assembly or public use after being requested to move by any police
officer.
B.
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.
C.
No person shall loiter in or about the toilet open to
the public for the purpose of engaging in or soliciting any lewd or lascivious
conduct or any unlawful act.
D.
No person shall loiter in or about any school or public
place at or near which children or students attend or normally congregate.
As used in this subsection, "loiter" means to delay, to linger or to idle
in or about any said school or public place without a lawful purpose for being
present.
A.
No person shall loiter in or about any private premises
or adjacent doorways or entrances or upon private property held out for public
use, including but not limited to business or industry parking lots or shopping
malls, without invitation from the owner or occupant or from any person in
authority at such places. No person shall loiter in or about the doorway,
stairway, steps or entrance of any business place or private residence without
the expressed consent of the owner thereof or at any time other than usual
business hours. Under this subsection, "business place" shall include a public
building at such times that the same shall be closed for the usual and normal
business conducted thereat.
B.
Upon being requested to move by any such person in authority
or by any police officer, a person shall immediately comply with such request
by leaving the premises or area thereof at the time of the request.
C.
No person shall sit, lie or otherwise recline upon or
against any parked motor vehicle without the expressed consent of the owner
thereof, whether such vehicle is parked upon a public street, alley, parking
lot, driveway or private premises.
D.
No person shall stand or loiter on any roadway other
than in a safety zone if such act interferes with the lawful movement of traffic.
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 chapter, 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 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.
Underage persons and intoxicants. No underage person
shall enter, remain or loiter in any premises, public or private, where fermented
malt beverages or other alcohol beverages are served, sold, dispensed, given
away or made available, unless such underage person is accompanied by a parent,
guardian or spouse who has attained the legal drinking age.
B.
Permitting loitering prohibited. No person of legal drinking
age shall permit any underage person to enter, remain or loiter in any premises,
public or private, where fermented malt beverages or other alcohol beverages
are served, sold, dispensed, given away or made available, unless such underage
person is accompanied by a parent, guardian or spouse who has attained the
legal drinking age.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-18 of this Municipal Code. In addition to any penalty imposed for violation of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property.