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Senior Member
Join Date: Jul 2007
Location: Lowcountry
Posts: 2,225
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You might want to familiarize yourself with the ordinance before you call Chief Zumalt:
Sec. 13-40. Loitering.
(a) Loitering. No person shall loiter or prowl in a place 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 police officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstance makes it impracticable, a police officer, prior to the arrest for an offense under this subsection, shall afford the actor an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of violating this subsection if the police officer did not comply with the preceding sentence or if it appears at trial that the explanation given was true and would have dispelled the alarm and disclosed the lawful purpose.
The provisions of the two (2) preceding sentences are applicable to this paragraph (a) and each of the subsequent paragraphs (b) through (h) herein.
(b) Dwelling areas. No person shall hide, wait, or otherwise loiter in the vicinity of any private dwelling, house, apartment building or any other place of residence with the unlawful intent to watch, gaze, or look upon the occupants therein in a clandestine manner.
(c) Public rest rooms. No person shall loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd of lascivious or any unlawful act.
(d) Schools and public grounds. No person shall loiter in or about any school or public place at or near which children or students attend or normally congregate. As used in this subsection, "loiter" means to delay, to linger, or to idle in or about any said school or public place without a lawful purpose for being present.
(e) Buildings. No person shall loiter, lodge in any building, structure, or place, whether public or private, without the permission of the owner of person entitled to possession or control thereof.
(f) Restaurants, taverns. No person shall loiter in or about a restaurant, tavern or other building open to the public. As used in this subsection, "loiter" means to, without just cause, remain in a restaurant, tavern, or public building or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof.
(g) Parking lots. No person shall loiter in or upon any public parking surface lot or public parking structure, either on foot or in or upon any conveyance being driven or parked thereon, without the permission of the owner or person entitled to possession of in control thereof. As used in this subsection:
(1) "Public parking structure" means a building enclosure or garage above or under the ground, or any portion thereof, in which automobiles or motor vehicles may be parked, stored, housed or kept, open to the public use with or without charge.
(2) "Public parking surface lot" means five (5) or more ground level parking spaces, or any portion thereof, in which automobiles or motor vehicles may be parked, stored, housed or kept, open to public use with or without charge.
(h) Private or public residential property. No person shall loiter in or on private or public residential property in residential neighborhoods. As used in this subsection, "loiter" means to, without just cause, linger, remain in or on private or public residential property, or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof, or where "No Loitering" signs are posted.
(i) Requirements of identification. A person being asked for identification pursuant to this section shall provide the police officer with his name and address either verbally or by providing the officer with written evidence or the person's name and address, including but not limited to, a driver's license or picture identification.
(j) Penalty; continuing violations. Any person who is convicted of any violation of this section, the court before whom the offender shall be tried may sentence him to pay a fine not exceeding the maximum fine permitted by law or serve a term not exceeding thirty (30) days in jail, or both. Each day any violation of this ordinance occurs shall constitute a separate offense.
(k) Court order on jurisdictional limits. In addition to the penalty that may be imposed pursuant to subsection (j) above who is arrested for and/or is convicted of violating any provision of this section may be subject to an order of the court which shall impose a jurisdictional limit on said person prohibiting his presence in a specific geographic area of the City of North Charleston. Failure to comply with the court order shall constitute a violation of the court order and shall result in the following:
(1) In the case of a bond where jurisdictional limits have been imposed, the bond may be revoked and the person shall be incarcerated until trial; and/or
(2) In the case of a sentence where jurisdictional limits have been imposed, the suspended sentence may be revoked and the person shall be incarcerated until he has served the original sentence imposed by the court without any portion thereof suspended.
(Ord. No. 2007-05, 2-8-07)
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