Chapter 9.34 — LOITERING

This chapter shall be known as and may be referred to for all purposes as the County Loitering Ordinance.

(Code 1997, § 9.34.010)

It is the intent of this chapter to assist county law enforcement personnel in abating gatherings of individuals for no apparent purpose in public places which gatherings engender the commission or threatened commission of public offenses. Such activities constitute a continuing public nuisance which adversely affects the public health, safety and welfare, affects and hinders commerce in parking lots in commercial shopping centers and other public places, and affect the County's image, and business environment.

(Code 1997, § 9.34.020)

As used in this chapter, the following definitions shall apply:

Loiter or loitering means remaining idle in essentially one location or moving about aimlessly.

(Code 1997, § 9.34.030)

No person shall loiter in such a manner as to:

A.

Create or cause to be created a breach of the peace;

B.

Obstruct the free passage of pedestrians or vehicles;

C.

Remain upon any business premises or parking lots pertaining to such premises after the close of business hours, without the consent of the owner or legal occupant or occupants;

D.

Remain upon any private property without the consent of the owner or legal occupant or occupants;

E.

Remain upon any business premises or private property after having been asked to leave by the owner or legal occupant or occupants;

F.

Remain upon public property not open to the public after having been asked to leave by individuals in charge of such property or by law enforcement personnel;

G.

Engaging in acts of vandalism, defacing or otherwise damaging public or private property.

(Code 1997, § 9.34.040)

Whenever any peace officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public or private place is causing or is likely to cause any of the conditions enumerated in Section 9.34.040, he or she may, if he or she deems it necessary for the preservation of the public peace and safety, cite that person for violation of this chapter.

(Code 1997, § 9.34.050; Ord. No. 4370, 1995)