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Loitering <br />ORDINANCE NO. 5135 -70 <br />AN ORDINANCE AMENDING CHAPTER 26, SECTION 26 -13, <br />ORDINANCE NUMBER 1040, SECTION I OF THE MUNICI- <br />PAL CODE OF THE CITY OF SOUTH BEND, INDIANA, <br />PROHIBITING LOITERING OR PROWLING <br />INDIANA: BE IT ORDAINED BY THE COIVMON COUNCIL OF THE CITY OF SOUTH BEND, <br />SECTION I. That Ordinance Number 1040, Section 1, enacted <br />April 8, 1901, and being Section 26 -13 of Chapter 26 of the Municipal <br />Code of the City of South Bend, Indiana, and hereby is, amended to <br />read as follows: e <br />Loitering or Prowling <br />A person commits a violation if he loiters or prowls in a <br />place, at a time, or in a manner not usual for law - abiding <br />individuals under circumstances that warrant alarm for the <br />safety of persons or property in the vicinity. Among the <br />circumstances which may be considered in determining whether <br />such alarm is warranted is the fact that the actor takes <br />flight upon appearance of a peace officer, refuses to ident- <br />ify himself, or manifestly endeavors to conceal himself or <br />any object. Unless flight by the actor or other circumstance <br />makes it impracticable, a peace officer shall prior to any <br />arrest for an offense under this section afford the actor an <br />opportunity to dispel any alarm which would otherwise be <br />warranted, by requesting him to identify himself and explain <br />his presence and conduct. No person shall be convicted of an <br />offense under this Section if the peace officer did not comply <br />with the preceding sentence, or if it appears at .trial that <br />the explanation given by the actor was true and, if believed <br />by the peace officer at the time, would have dispelled the alarm. <br />SECTION II. <br />This ordinance shall be in full force and effect from and after <br />its passage by the Common Council, its approval by the Mayor and publication <br />as required by law. <br />1st & 2nd READING 12 -8 -69 <br />COnM91 i fEE 0,'- THE WHOLE <br />PST -L." !; ^, ^ -:'I a 1 -12 -70 <br />?rd :.r',C': 1 -12 -70 <br />N-T VcD <br />REFERRED <br />PASSED\ 1 -12 -70 <br />c O <br />e er of the inOn Council <br />FILED IN CLERK'S OFFICE <br />DEC 4 1969 <br />KATHRYN L. BLOUGH <br />CITY CLERK, SOUTH BEND, IN[), <br />