§ 38-52. Loitering.

(a)

Prohibited acts.

(1)

It shall be unlawful for any person to loiter with the intent to violate any provision of this title, or the Colorado Criminal Code.

(2)

It shall be unlawful for any person to loiter with intent to interfere with or disrupt a school program or with intent to interfere with or endanger school children in a school building or on school grounds or within 100 feet of school grounds when persons under the age of 18 years are present in the building or on the grounds, where such person does not have any reason or relationship involving custody for, or responsibility for any student or any other specific, legitimate reason for being present at such location, and has been asked to leave by a school administrator or his or her representative or by a peace officer.

(b)

Reasonable grounds; duty of peace officer.

(1)

Among the circumstances which may be considered in determining whether reasonable grounds for belief have arisen that such person is loitering is the fact that such person:

a.

Takes flight upon appearance of a peace officer;

b.

Refuses to identify him or herself;

c.

Manifestly endeavors to conceal him or herself or any object;

d.

Not being duly authorized security personnel or a peace officer, systematically checks the means to access to buildings or vehicles in the immediate area; or

e.

Maintains a continuous presence in close proximity to a place where a reasonable peace officer would conclude that such person's activity manifests a high probability of activity or intention to engage in activity in violation of this title, or any criminal provision of the Colorado Criminal Code.

(2)

Unless flight by the person or other circumstances make it impractical, a peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm otherwise warranted, or explain any circumstances giving rise to reasonable grounds for belief that such person is loitering by requesting him or her to:

a.

Identify him or herself; and

b.

Explain his or her presence and conduct.

(c)

Standard for conviction. No person shall be convicted of an offense under subsection (a) of this section if the peace officer did not comply with subsections (b)(1) and (2) of this section, or if at trial, that the explanation of presence and conduct given by the defendant was determined truthful by the trier of fact, and, under the circumstances, would have dispelled the reasonableness of the peace officer's belief that the defendant was engaging in unlawful activity or would have disclosed a lawful purpose.

(Ord. No. 18-18, § 1, 4-16-2019)