As used in this chapter, the following terms
shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location, and shall include
the concepts of spending time idly, loafing or walking about aimlessly,
and shall also include the colloquial expression "hanging around."
PARENT or GUARDIAN
Any adult person having care or custody of a minor, whether
by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Any place to which the public has access, and shall include
any street, highway, road, alley or sidewalk. It shall also include
the front or the neighborhood of any store, shop, restaurant, tavern
or other place of business, and public grounds, areas, parks, as well
as parking lots or other vacant private property not owned by or under
the control of the person charged with violating this chapter, or
in the case of a minor, not owned or under the control of his parent
or guardian.
No person shall loiter in a public place in
such manner as to:
A. Create or cause to be created a danger of a breach
of the peace.
B. Create or cause to be created any disturbance or annoyance
to the comfort and repose of any person.
C. Obstruct the free passage of pedestrians or vehicles.
D. Obstruct, molest or interfere with any person lawfully in any public place as defined in §
208-1. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in §
208-2, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter.
No parent or guardian of a minor under the age
of 18 years shall knowingly permit that minor to loiter in violation
of this chapter.
Whenever any minor under the age of 18 years
is charged with a violation of this chapter, his parent or guardian
shall be notified of this fact by the Chief of Police or any other
person designated by him to give such notice.
If, at any time within 30 days following the giving of notice as provided in §
208-5, the minor to whom such notice relates again violates this chapter, it shall be presumed, in the absence of evidence to the contrary, that the minor did so with the knowledge and permission of his parent or guardian.
Because of repeated prior actions of loitering,
as herein defined, on or about the time of Halloween, normally October
31, of each year, the presence of a minor under the age of 18 years
in a public place unaccompanied by an adult shall be presumed to be
loitering in the absence of evidence to the contrary at the following
times:
A. The night before Halloween from 10:00 p.m. until 12:00
midnight.
B. The morning of Halloween from 12:01 a.m. until 6:00
a.m.
C. The evening of Halloween from 10:00 p.m. until 12:00
midnight.
D. The morning after Halloween from 12:01 a.m. until
6:00 a.m.
Any person violating any of the provisions of
this chapter shall, upon conviction, be punished by a fine not exceeding
$500 or by imprisonment for a term not exceeding 90 days, or both,
in the discretion of the court.