08.01 - Loitering Ordinance - Laserfiche WebLink

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d. Lurking, loitering, or prowling in any place, at a time or in a manner not usual for law abiding individuals, under circumstances that warrant alarm for the safety of persons or property in the vicinity. e. Warning_ Exception. A person may not be arrested or convicted under Section 7 -6.1 (a) -(c), until after a law enforcement officer has informed the person at least once in the previous 12 month period that his or her action violates this Ordinance and has asked the person to move to a location that would not violate this Ordinance. It shall not be necessary to inform any person (1) who is charged under Section 7 -6.1 (d); or (2) who has been convicted of a violation of this Ordinance within one year of the act complained of. Section 7 -6.2. CIRCUMSTANCES CAUSING ALARM 1. Prohibition. A person shall not lurk, loiter, or prowl in any place, at a time or in a manner not usual for law abiding individuals, under circumstances that warrant alarm for the safety of persons or property in the vicinity. a. Circumstances Causing Alarm. larm. Among the circumstances that may be considered in determining whether alarm is warranted is the fact that the person takes Right upon the appearance of a police officer, refuses to identify him/herself, or endeavors to conceal him/herself or an object. 2. Authority to Detain. A police officer may stop and briefly detain a person suspected of violating Section 7 -6.2 (1), if the person's behavior reasonably causes suspicion of criminal activity. The officer's reasonable suspicion must be based on objective, articulable facts and reasonable inferences drawn from all the circumstances surrounding the person's behavior. 3. Opportunit to Dispel Alarm. Unless flight by the person or other circumstances make it impracticable, a police officer must, prior to any arrest for a violation of 7 -6.2 (1), allow the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him/her to identify him/herself and explain his/her presence and conduct. The person may identify him/herself by presenting any of the following: a. A state - issued identification card or driver's license containing the person's photograph. b. An employer- issued identification card which verifies the person's employment and includes the person's photograph. C. A currently valid passport. d. A certified copy of the person's birth certificate; or `► e. Verification of the persons' identity by another person who can establish his/her 2