Ordinance 88-046i~-,'~.,. ,~ de~s it to be ~n. the st interest of the citizens of collier
~. ~ ~ to prohibit loitering and pro~llng upon any publio or
]m~i-lmblic axea.
t
· I~W, THEREFORE, BI~ ZT ORDAINED BY
· A. It s~ll ~ ~lawful for any ~rson to loiter o= pt~l
'~ ~ "loaf" ~ ~e praises of 'any sch~l within the ~ty ~l~ut
,:. ~sion o~ the ach ~thortttes.
B. Zt s~ll ~ unia~ul' for any ~rson to loiter or
I ~lle or s~-~ic area, at a t~ ~r in a m~t nos
:' ~1 ~or l~dlng iMtviduals, ~er cirmta~es that
~t a ~tl~t~le a~d reasonable slam or ~tate co~e~
for the safety of perso~s or property in the vicinity.
· 1. Among the circumstances ~htch ~ay be considered An
detemining whether such alarm or Immediate concern is
~arranted is the fact that the person takes flight upo~
appearance of a lay enforcement officer, refuses to identify
hi.self, or manifestly endeavors to conceal himself or an~
e
object. Unless flight by the person o= other circu~~s
~ahea it impractic~le, a law enforcement officer shall,
prior to any arrest! for an offense under this section,
· afford the person ah opportunity to dispel any slam or
~ediata concern which ~uld othe~isa be warranted by
requesting him to identify himself and explain his presence
2. No person dhall, be convicted of an offense tmde~
~ tht~section 1£ the '.law enforcement officer did not c~ly
explanation given by the person is true and t£ .believed by
the officer at the time, would have dispelled the alarm or
l~mediate concern.
~C. It shall be unlawful for any persons, 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 semi-public sidewalk, street, curb,
crosswalk, ~alkway area, mall, parking lot, or that portion of
~lvate pfopertT utilized for public use, so as to hinder or
o~struct unreasonably the free passage of pedestrians or vehicles
thsreon~ 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.
The following words and phrases when used in this ordl~nc!
shall, for tho purposes of this ordinance, have the foil=ding
meanings except where the context requires ocher~lses
"Loiter" shall mean lingering by, or moving slowly about in
a public or semi-public area.
#Prmel# shall mean roaming in a public or semi-publiaarsa
wlththe apparent Intent of co~ltting an unlawful act.
"Public or Sem£-Public Area" shall mean any area generally
visible t~ public vie~ and includes streets, alde~alks, bridges,
alleys, plazas, parks, driv~ays, parking lots, automobiles
(~hsthsr ~oving or not), and buildings open to the general publia
including those which serve food or drink, or provide
entertain~ent, and the doe=ways and entrances to buildings of
dwellings and the grounds enclosing them.
AnF person found guilty of violating this ordinance shalL,
conviction, be penalized as & misdemeanor in the second
de,wee ~mAant to state Law.
In the event this O=dinance con£1Acts with any other
ozdlnance of Collier CountT or other applicable law,
.. 031,,,,., 15
~atrictive shall apply. 1£ any phrase or portion o£ this
~l~nce Is held invalid or unconstttu~lo~l ~ ~7 c~rt
~tent lurlsdlctlon, rich ~tion s~ll ~ de~ a se~a~,
distinct ~d independent provision and such holding shall not
a££~ct the validity o£ the r~mining portion.
· ~ia ordinance shall bec~me ei£ective upon receipt o£ notice
the Secretary o£ State that this Ordinance has been £iled
~th the Seocetary o£ State.
BO;~D OF COtmTY
:. Approvad.-as to £orm and
l~i~al suf~lciency,
~" ~t~
County &tto~ne~
ARNOLD LEE GZ,,AS$~ Cllai~l
hol~eby certify that the f~o~egoing ia a true copy o~
Ordinance Ilo. 80-46
~l~tch ~a. ~d~ted ~ the ~erd o£ count~ Co..l~lmw~ ~ the
loth day of l~y, 1oe~8, during Re~uler seoelon.
Collier ~ty, flo,l~, thio tOt~
ff, x-.o~flclo to Board of
~ · '~