Chapter 9-32 Loitering

9-32-010 Loitering prohibited.

9-32-050 Begging prohibited.

9-32-010 Loitering prohibited.

(A) Loiter means to be dilatory, to stand idly around, to linger, to lie or wander about, to remain, abide, or tarry in a public place.
(B) Acts prohibited.
(1) Loitering on school grounds. It is unlawful for any person, with the intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren, to loiter in or about a school building or grounds or within 100 feet of school grounds, either on foot or in or on any vehicle, when persons under the age of eighteen are present in the building or on the grounds, not having any reason or relationship involving custody of or responsibility for a pupil, or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or by a representative thereof or by a peace officer.
(2) Loitering to warrant alarm.
a. It shall be unlawful for any person to loiter so as to warrant alarm for the safety of persons in the vicinity.
b. Unless flight by the person or other circumstances make it impracticable, prior to any arrest for an offense under this section, a peace officer shall afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence or if it appears at the time of the trial that the explanation given by the person was true and if believed by the officer at the time, would have sufficed to dispel any alarm.
(3) Loitering for gambling purposes prohibited. It is unlawful if a person loiters for the purpose of unlawful gambling with cards, dice, or other gambling paraphernalia.
(4) Loitering for redress of grievances permitted. Lawful acts in the course of lawful assembly as a part of peaceful and orderly petition for the redress of grievances, either in the course of labor disputes, or otherwise, shall not be held to be in violation of this chapter. (Ord. 292 §3(A), (B), (C), (D), 1977; Ord. 1161 §1, 1996; Ord. 1459 §3, 2000)

9-32-050 Begging prohibited.

(A) It is unlawful for any person on the streets, sidewalks, or other places open to the public, whether publicly or privately owned, to aggressively coerce, threaten, relentlessly pursue, harass, or intimidate another person for the purpose of soliciting money or goods, whether by words, bodily gestures, signs, or other means.
(B) For the purposes of this section, a person "aggressively coerces, threatens, relentlessly pursues, harasses, or intimidates another person" when:
(1) The solicitor's conduct would cause a reasonable person in the position of the solicitee to fear for his or her safety;
(2) The solicitor intentionally blocks the path of the solicitee in such a manner as to block passage by another person or a vehicle, or to require another person or driver of a vehicle to take evasive action to avoid physical contact;
(3) The solicitor persists in following the solicitee closely, and continues to demand money or other thing of value after the solicitee has rejected the solicitation by words or conduct;
(4) Soliciting money from anyone who is waiting in line for tickets, for entry to a building, or for another purpose; or
(5) Approaching or following a person for solicitation as part of a group of two or more persons, in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or damage to or loss of property or otherwise to be intimidated into giving money or other thing of value.
(C) For the purposes of this section, the following facts, among others, are relevant in deciding whether a reasonable person would have cause to fear for his or her safety:
(1) The solicitor's making physical contact with the solicitee;
(2) The proximity of the solicitor to the solicitee;
(3) The duration of the solicitation; or
(4) The solicitor's making threatening gestures or other threatening conduct, including closely following the solicitee. (Ord. 292 §4, 1977; Ord. 1459 §5, 2000)