Sec. 15-38. Prohibition against loitering in no-cruising zone.

(a) It shall be unlawful for any person to loiter on any property in the proximity of any posted no-cruising zone between the hours of 8:00 P.M. of one day and 6:00 A.M. of the next day.
(b) For purposes of this section, “loitering” shall mean remaining on any property under such circumstances that a reasonable person would conclude that the person who remains on the property:
(1) Does not have a purpose connected with the usual and ordinary use to which such property is put; and
(2) Does not have a bona fide intent to exercise a constitutional right; and
(3) Is causing public inconvenience or annoyance by blocking, impeding or interfering with pedestrian, vehicular or other traffic.
(c) For the purposes of this section, “property in the proximity of any posted no-cruising zone” shall mean any property which is both visible from and located within three hundred feet of any portion of a street, alley or highway which is posted as a no-cruising zoning pursuant to Section 14-8-7 of the municipal code.
(d) No person shall be held in violation of this section unless that person has, within the prior four hours, been warned, either verbally or in writing, that it is unlawful to loiter in the proximity of a posted no-cruising zone.
(e) It shall be a separate offense if, upon citation for loitering pursuant to this section, a person fails to depart promptly from the proximity of the posted no-cruising zone.
(f) Violation of this section is an infraction. The minimum penalty for a first conviction hereunder is a one hundred dollar fine; for a second conviction within one year, the minimum penalty is a two hundred dollar fine; for a third or subsequent conviction within one year, the minimum penalty is a two hundred fifty dollar fine. (Ord. No. 1127, § 1.)