[HISTORY: Adopted by the Mayor and Council of the City of Española 10-26-2010 by Ord. No. 2010-08. Amendments noted where applicable.]
It shall be unlawful for any person to lurk, lie in wait or be concealed on the property of another without physical or lawful business with the owner or occupant thereof.
It shall be unlawful for any person to lurk, lie in wait or loiter on school grounds or any area immediately contiguous to school grounds.
It shall be unlawful to perform any act of voyeurism (peeping through windows or doors, or other like places situated on or about the premises of another for the purpose of spying upon or invading the privacy of persons spied upon without the consent of persons spied upon). The defendant need not be on the premises of the person spied upon.
It shall be unlawful for any person, after first being warned by a police officer, or where "No Loitering" signage is posted, to loiter, stand, sit, or lie in or upon any public place so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any public place.
As used in this chapter, the following terms shall have the meanings indicated:
- PUBLIC PLACE
- An area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
A person commits a violation if he or she loiters or prowls in a public 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 alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this chapter, question the person and give the person full opportunity to dispel any alarm which would otherwise be warranted. The inquiry shall include requesting the person to identify himself or herself and to explain his or her presence or conduct. If the police officer fails to do so the person is free to go. If the explanation given by the person was true and a reasonable person would have accepted it as dispelling the alarm, the person is free to go. Any person suspected of being a loiterer, prowler or voyeur may be arrested without a warrant if it reasonably appears that delay in arresting the suspect would result in the suspect's escape.
Any person violating the provisions of this chapter shall, upon conviction, be fined in a sum of not less than $50 but not to exceed $500 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment.