§ 43.62. Loitering or Prowling Prohibited.

(1)

It is unlawful for any person to loiter or prowl 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.

(2)

Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the following:

a.

The fact that the person takes flight upon appearance of a law enforcement officer;

b.

The fact that the person refuses to identify himself; or

c.

The fact that the person manifestly endeavors to conceal himself or any object.

(3)

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 or immediate concern which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct.

(4)

No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.

(5)

A violation of this section shall be punishable as provided in Section 1.08 of this Code.

(Ord. of 12-12-1983, Doc. #18223; Ord. of 10-13-1986, Doc. #20643; Ord. of 1-22-1996, Doc. #29097)