§ 35-4. Loitering.

(a)

Title. This section shall be titled and known as the Flowery Branch Loitering Ordinance.

(b)

Loitering on private property prohibited.

(1)

It shall be prohibited for any person to loiter or prowl upon the premises of any private property within the municipal boundaries of the city, including, but not limited to, all private residences, buildings, structures, vessels, railroad cars, or storage yards, or to remain upon such premises when that person does not have a legitimate cause or need to be present thereon, or that person does not have authority or permission to be present thereon.

(2)

Any person who shall not have any legitimate cause or need to be present upon the private premises, or who has no authority or permission to be present on the private premises, who shall willfully fail to remove himself from such premises after the owner or occupier of the private property or a duly authorized law enforcement officer shall request the person to do so shall be guilty of violating this section.

(c)

Loitering under other circumstances.

(1)

A person commits the offense of loitering or prowling when the person is in a place, public or private, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

(2)

Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any citation for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain the person's presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer failed to comply with the foregoing procedure, except when the offense occurs on private property upon the complaint of the owner or occupier of the private property, or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.

(d)

Penalty. Any person who shall do anything prohibited by this section as the same exists or as it may hereafter be amended, or who shall fail to do anything required by this section as the same exists or as it may hereafter be amended, shall be subject to the penalties allowed by section 1-12 and as assessed in the discretion of the judge of the municipal court of the city.

(Ord. No. 83, §§ 1—4, 9-16-1991)