§ 28-4. Loitering prohibited.  


Latest version.
  • (a)

    General regulation of loitering or prowling. 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 makes it impracticable, a law enforcement 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 subsection if the law enforcement 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 law enforcement officer at the time, would have dispelled the alarm.

    (b)

    Public property loitering prohibited.

    (1)

    No person shall loiter in or about any public street, public sidewalk, street crossing, alley, bridge, public parking lot, or other place of assembly, or public use, recycling center, town hall, or public works after being requested to move by any law enforcement officer.

    (2)

    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)

    Private property loitering prohibited.

    (1)

    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 by any person in authority at such places.

    (2)

    Upon being requested to move by any such person in authority or by any law enforcement officer, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.

    (d)

    Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

    Loiter means 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.

    Nuisance means 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 town.

    Prowl means to move or roam about furtively, particularly on the property of another person.

(Prior Code, § 11-2-3)