§ 94-26. Loitering, prowling.

(a)

Prohibited.

(1)

It shall be unlawful for any person to loiter or prowl or loaf on the premises of any school within the county without permission of the school authorities.

(2)

It shall be unlawful for any person to loiter or prowl in a public or semipublic area, 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.

a.

Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon 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 makes it impracticable, a law enforcement officer shall, prior to any arrest 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 him to identify himself and explain his presence and conduct.

b.

No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and if believed by the officer at the time would have dispelled the alarm or immediate concern.

(3)

It shall be unlawful for any person, after first being warned by a law enforcement officer, or where a no loitering sign or signs have been posted, to loiter, stand, sit or lie in or upon any public or semipublic sidewalk, street, curb, crosswalk, walkway area, mall, parking lot, or that portion of private property utilized or public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon; nor shall any person block or obstruct, or prevent the free access to the entrance to any building or parking facilities open to the public.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Loiter means lingering by, or moving slowly about in, a public or semipublic area.

(2)

Prowl means roaming in a public or semipublic area with the apparent intent of committing an unlawful act.

(3)

Public or semipublic area means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings of dwellings and the grounds enclosing them.

(Ord. No. 88-46, §§ 1, 2)

State law reference

Trespass on school property, F.S. § 228.091; loitering or prowling, F.S. § 856.021.