§ 10-6-40. Loitering.

(a)

The word loiter means to be dilatory, to stand idly around, to linger, delay or wander about, or to remain, abide or tarry in a public place.

(b)

A person commits a Class 1 petty offense, if he or she:

(1)

Resrved;

(2)

Loiters for the purpose of unlawful gambling with cards, dice or other gambling paraphernalia;

(3)

Loiters for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual intercourse;

(4)

With intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren, loiters in a school building or on school grounds or within one hundred (100) feet of school grounds when persons under the age of eighteen (18) are present in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or his or her representative or by a peace officer; or

(5)

Loiters with one (1) or more persons for the purpose of unlawfully using or possession of a controlled substance, as defined in Section 10-8-10 of this Chapter.

(c)

It shall be an affirmative defense that the defendant's acts were lawful and he or she was exercising his or her rights of lawful assembly as a part of peaceful and orderly petition for the redress of grievance, either in the course of labor disputes or otherwise. (Ord. 18-1994 §9-104; Ord. 11-2007 §1)

(Ord. No. 12-2018 , 9-11-18)