Committee backs new loitering ordinance to address obstructing pedestrian movement

The Community and Economic Development Committee voted to recommend an ordinance that would make loitering and obstructing reasonable pedestrian movement an explicit offense in the municipal code.

City legal staff said the draft divides the conduct into four categories: loitering in any public place to the point of obstructing pedestrians, loitering on business premises open to the public, loitering on public-facing business premises without an apparent reason, and loitering on premises posted against loitering. “What we really want to do is give the manager at Walmart a tool so the people can't stand in front of his store and bother folks walking in,” Mr. Rucker said.

Staff and prosecutors told the committee the ordinance is designed to be fact-sensitive so officers and prosecutors can select the most appropriate charge based on circumstances. The draft includes a posted-no-loitering provision intended to let private property owners (including city-owned garages) control uses of their property when those uses impede ingress and egress.

The committee voted to recommend the ordinance to full council. A roll call recorded Chair Hodges Aye, Council Member Prior Aye and Council Member Funk Aye.

Staff emphasized the ordinance's effectiveness will depend on officer training, prosecutorial discretion and reasonable enforcement so the law survives judicial review.