Legal Definitions - loitering

Loitering refers to the act of remaining in a public place or on private property without permission, often for an extended period, and without a clear, legitimate purpose or activity.

While simply standing or waiting in public is generally not illegal, loitering becomes a legal concern when it is prohibited by specific laws or ordinances, particularly if it creates a public nuisance, obstructs passage, causes reasonable apprehension for safety, or is associated with suspected unlawful activity.

• Example 1: A person stands for several hours outside the entrance of a busy retail store, not entering, not waiting for anyone, and not engaging in any apparent activity like window shopping or using a phone. Their presence begins to make customers feel uneasy and slightly blocks the flow of foot traffic.

  Explanation: This illustrates loitering because the individual is remaining in a public area (outside the store) for an extended time without a clear, legitimate reason (like shopping, waiting for a ride, or meeting someone). Their prolonged, unexplained presence causes concern and slightly obstructs passage, which could lead to a violation of a local anti-loitering ordinance.

• Example 2: In a neighborhood known for drug dealing, a small group of individuals consistently gathers on a street corner near a school during school hours. They are not waiting for a bus, nor are they engaged in conversation or any other discernible activity, simply standing around and observing passersby.

  Explanation: Here, the group is loitering by remaining in a public place (the street corner) without an apparent lawful purpose. Given the context of the neighborhood and their proximity to a school, their prolonged, unexplained presence could reasonably be interpreted by law enforcement as suspicious and potentially linked to illegal activities, making it a target for anti-loitering statutes designed to enhance public safety.

• Example 3: A local park has clear signage stating its operating hours are from dawn until dusk. After dusk, a person is found sitting alone on a park bench, not engaged in any recreational activity, and states they are "just hanging out."

  Explanation: This scenario exemplifies loitering because the individual is remaining in a public place (the park) outside of its designated operating hours and without a legitimate reason for being there at that time. Their presence violates the park's rules, and their lack of a clear purpose for being there after hours constitutes loitering, which could lead to a citation for trespassing or violating park ordinances.