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AN OP~DINANCE TO AMEND CHAPTER 24 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (1988) BY ADDING SECTIONS 24-26O, 24-261 <br />AND 24-262 THERETO, PERTAINING TO LOITERING IN PUBLIC PLACES. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That Chapter 24 of the Code of the <br />Virginia (1988) be amended by adding thereto, <br />24-261 and 24-262, to read as follows: <br /> <br />City of Portsmouth, <br />Sections 24-260, <br /> <br />Sec. 24-260. Loitering in public places; obstructing <br /> free passage of others. <br /> <br /> It shall be unlawful for any person to loiter or remain in, <br />upon or around any public place whether on public or private <br />property after due warning under circumstances which <br />unreasonably or unnecessarily obstruct the free passage of other <br />persons to and from or within said place or property, and who <br />shall fail or refuse to cease such obstruction or move on when <br />requested to do so by the owner or lessee or agenn or employee <br />of said owner or lessee or by a duly authorized law enforcemenm <br />officer. Nothing in this section shall be construed to prohibit <br />lawful picketing. <br /> <br /> (1) No arrest shall be made, nor summons issued for a <br />violation of this section unless the arresting officer, by <br />direct demand first affords said person an opportunity <br />to offer an explanation for his co~duct. <br /> <br /> (2) No person shall be convicted of a violation of this <br />section if the arresting officer does not comply with the <br />preceding subsection or if it appears at trial that the <br />explanation offered was true and disclosed a lawful purpose. <br /> <br />Sec. 24-261. Definition. <br /> <br /> For purposes of Sections 24-260 and 24-262, "loitering" <br />shall mean remaining idle in essentially one place and shall <br />include the concepts of spending time idly, loafing or walking <br />about aimlessly. <br /> <br />Sec. 24-262. Penalties. <br /> <br /> Any person convicted of a violation of Section 24-260 shall <br />be guilty of a Class 1 misdemeanor. Each day that a violation <br />occurs shall be considered a separate offense. <br /> <br />/~ 2. That this ordinance shall take effect on the date of <br />· its adoption. <br /> <br /> <br />