LOITERING Flashcards
First time violators of loitering shall be given a
Loitering Warning Notice.
second time violators of loitering shall be given a
subsequent written offense, the individual may be charged with the loitering violation. Penalties include a fine, imprisonment, or both.
A loitering violation occurs when an individual engages in one or more of the behaviors described below
Remains on a public or privately owned street, sidewalk, or pathway, obstructing the free passage of a pedestrian or vehicle (either on foot or in a vehicle) after a police officer has notified the individual the action is unlawful and has requested that the individual move
Refuses or fails to leave a private business, commercial establishment, or parking lot posted with “No Loitering” signs; applies even if the business or establishment is closed for business, assuming the owner, their agent, a special police officer, or a police officer has requested that the individual leave Exception: When the individual has written permission from the owner, lessee, or operator to be present, or is window-shopping at a time of the day or night considered reasonable for such activity
Refuses or fails to leave a private business or commercial establishment that is open for business, or a parking lot of the business or establishment, after having been requested to do so by the owner or their agent
Refuses or fails to leave a public building, public grounds, or a public recreational area (or parking lots of same) after being requested to do so by a police officer or a regularly employed guard, watchman, or other authorized employee of the agency responsible for the building, grounds, or recreational area (or parking lots of same) if theindividual has no apparent lawful business or purpose to pursue at that place
Returns, for no apparent lawful business or purpose, to the same public or private property from which the individual was asked to leave within the previous 30 days
No individual shall be charged with loitering unless they have first been issued a written Loitering Warning Notice for loitering at the same location within the previous how many days.
30
