§ 28-118. Loitering.

(a)

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:

Loitering on private property includes the concepts of spending time idly, loafing or walking aimlessly, and shall also include knowingly or willingly entering upon the property of another, without the consent of the owner, lessee or other person rightfully in charge or possession thereof, if either of the following conditions exist:

(1)

The premises is fenced or enclosed in a manner to exclude intruders; or

(2)

Notice against trespass is given by posting the premises in a conspicuous manner.

(b)

Certain types of loitering prohibited.

(1)

No person shall loiter in a public place in such manner as to:

a.

Create, or cause to be created, any disturbance or annoyance to the comfort and repose of any person;

b.

Create, or cause to be created, a danger of breach of the peace;

c.

Obstruct the free passage of pedestrians or vehicles;

d.

Obstruct, molest or interfere with any person lawfully in any public place.

(2)

This subsection (b) shall include the making of any unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to or in whose hearing such remarks are made.

(c)

Request to leave. Whenever the presence of any person in any public place is causing any of the conditions enumerated in subsection (b) of this section, the owner, lessee or person rightfully in charge or possession thereof or any police officer may order that person to leave that place. Any person who shall refuse to leave after being ordered to do so shall be responsible of a violation of this section.

(d)

A person who violates this section is responsible for a civil infraction.

(Code 1973, § 9.101; Code 1989, § 664.03(b)(9); Ord. No. 649, 5-8-1984; Ord. No. 672, 6-4-1985; Ord. No. 1022, § 664.03(b)(9), 4-20-2010; Ord. No. 1111, 10-7-2014)

State law reference

Certain loiterers deemed disorderly persons, MCL 750.167.