Section 1.

A person is guilty of loitering when:

(a) He stands, sits idling or loiters upon any pavement, sidewalk, or crosswalk, or stands or sits in a group, or congregates with others on any pavement, sidewalk, crosswalk, or doorstep, in any street or way, without property owners permission, in this Town and which may obstruct or hinder the free and convenient passage of persons walking, riding, or driving over or along such pavement, walks, streets, or way, and shall fail to make way, remove or pass, after reasonable request from any person; or,

(b) He loiters, remains or wanders about in a public place under circumstances manifesting the purpose of begging; or,

(c) He loiters or remains in a public place in a manner and under circumstances manifesting the purpose of engaging or soliciting another person to engage in sexual intercourse or deviate sexual intercourse; or,

(d) He loiters or prowls in a 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. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon the appearance of a peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object.

Section 2.

Unless flight by the accused or other circumstances make it impracticable, a peace officer shall, prior to any arrest for an offense under Section 1 afford the accused an opportunity to dispel any alarm which would otherwise be warranted or to justify his presence and conduct. No person shall be convicted of any offense under this subsection if the peace officer did not comply with the preceding sentence, or if a court of competent jurisdiction is convinced by a preponderance of the evidence that the explanation given by the accused was true and, if believed by the peace officer at the time, would have dispelled the alarm or justified his presence and conduct.

Section 3.

Whomever shall violate the provisions of this ordinance and upon conviction before any court of competent jurisdiction shall be fined not less than Twenty-Five ($25.00) Dollars and not more than Two Hundred-Fifty ($250.00) Dollars and costs for the first offense and for any subsequent offense, not less than Fifty ($50.00) Dollars nor more than Five Hundred ($500.00) Dollars and costs.

Section 4.

The term “he, his, himself or him” as used in ordinance shall mean either the male or female gender.