§ 66-212. Loitering with a criminal purpose.

(a)

It is unlawful for any person to loiter in or near any street or place open to the public or to which the general public has access to for business, entertainment, or other lawful purpose, including but not limited to the front or immediate area surrounding any convenience store, retail store, or other business establishment, in a manner and under circumstances manifesting the purpose of committing or inducing, enticing, or provoking another to commit assault, reckless damage, criminal mischief, or disorderly conduct.

(b)

In this section, the term "loiter" means "to remain, to delay, or to linger in one place with an apparent harmful purpose, such as to:

(i)

Establish control over an identifiable area;

(ii)

Obstruct or impede pedestrian or vehicular traffic;

(iii)

Intimidate others from existing or entering an establishment; or

(iv)

Conceal illegal activities;

and at a time not usual for law abiding individuals or under circumstances that warrant a justifiable and reasonable alarm for the safety of persons or property within the vicinity."

(c)

The terms "assault", "reckless damage", "criminal mischief", and "disorderly conduct" shall have the same meanings as set out in the Texas Penal Code.

(Ord. No. O-2009-028-04, § 1, 2-8-10)