§ 28-2. Loitering and prowling.

(a)

Commission of offense. A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern 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 the appearance of a law enforcement 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 law enforcement officer shall, prior to any arrest for an offense under this Code section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer failed to comply with the foregoing procedure or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.

(b)

Halting or impeding flow of traffic. No person shall congregate with another or others in or on any public way or place so as to halt or impede the flow of vehicular or pedestrian traffic after having been directed to clear such public way or place when ordered by the police or any other law enforcement official.

(c)

Loitering for the purpose of engaging in solicitation of sex acts. It shall be unlawful for any person to remain or loiter in any public place for the following purposes:

(1)

The solicitation of another to perform or offer or consent to perform an act of prostitution;

(2)

The solicitation of another to perform or submit to an act of sodomy;

(3)

The solicitation of another to erotically stimulate the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact exclusive of sexual intercourse or by instrumental manipulation.

(d)

Any person found guilty of violating any of these sections shall be punished by a fine not exceeding $1,000.00 or by imprisonment not to exceed 180 days, or both.

(Code 1979, § 11-1-9; Code 1998, § 54-3; Ord. No. 08-98, 4-6-1998; Ord. No. 11-2001, 8-6-2001; Ord. No. 12-2009, 7-6-2009)