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Agenda Item 8.2 - Loitering Ordinance
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11-05-2013 Council Meeting
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Agenda Item 8.2 - Loitering Ordinance
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d. Lurking, loitering, or prowling in any place, at a time or in a manner not usual <br />for law abiding individuals, under circumstances that warrant alarm for the safety of <br />persons or property in the vicinity. <br />e. Warnin� - Exception. A person may not be arrested or convicted under <br />Section 7-6.1 (a)-(c), until after a law enforcement officer has informed the person at <br />least once in the previous 12 month period that his or her action violates this Ordinance <br />and has asked the person to move to a location that would not violate this Ordinance. It <br />shall not be necessary to inform any person (1) who is charged under Section 7-6.1 (d); <br />or (2) who has been convicted of a violation of this Ordinance within one year of the act <br />complained of. <br />Section 7-6.2. CIRCUMSTANCES CAUSING ALARM <br />1. Prohibition. A person shall not lurk, loiter, or prowl in any place, at a time or in a <br />manner not usual for law abiding individuals, under circumstances that warrant alarm for the <br />safety of persons or property in the vicinity. <br />a. Circumstances Causin� Alarm. Among the circumstances that may be <br />considered in determining whether alarm is warranted is the fact that the person takes <br />flight upon the appearance of a police officer, refuses to identify him/herself, or <br />endeavors to conceal him/herself or an object. <br />2. Autharitv to Detain. A police officer may stop and briefly detain a person suspected of <br />violating Section 7-6.2 (1), if the person's behavior reasonably causes suspicion of criminal <br />activity. The officer's reasonable suspicion must be based on objective, articulable facts and <br />reasonable inferences drawn from all the circumstances surrounding the person's behavior. <br />3. Opportunitv to Dispel Alarm. Unless flight by the person or other circumstances make it <br />impracticable, a police officer must, prior to any arrest for a violation of 7-6.2 (1), allow the <br />person an opportunity to dispel any alarm which would otherwise be warranted by requesting <br />him/her to identify him/herself and explain his/her presence and conduct. The person may <br />identify him/herself by presenting any of the following: <br />a. A state-issued identification card or driver's license containing the person's <br />photograph. <br />b. An employer-issued identification card which verifies the person's employment <br />and includes the person's photograph. <br />A currently valid passport. <br />d. A certified copy of the person's birth certificate; or <br />e. Verification of the persons' identity by another person who can establish his/her <br />� <br />
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