9.08.080 Wandering or prowling under circumstances manifesting unlawful purpose.
A. Any person who wanders or prowls in a place, at a time, or in a manner, and under circumstances which manifest an unlawful purpose or which warrant alarm for the safety of persons or property in the vicinity is declared to be a vagrant and is guilty of a misdemeanor.
B. Among the circumstances which may be considered as manifesting an unlawful purpose or warranting alarm for the safety of persons or property, for the purposes of this section, include but are not limited to the following:
1. Flight by a person upon the appearance of a police officer;
2. Refusal of a person to identify himself to a police officer;
3. Attempt by a person to conceal himself or any object from a police officer.
C. No arrest shall be made under this section, nor shall any person be convicted of an offense under this section, unless the police officer first advises such person of his Fifth Amendment constitutional rights and then affords an opportunity for a person suspected of violating this section to dispel any alarm which would otherwise be warranted by requesting such person to identify himself and explain his presence and conduct, unless flight by the suspected violator or other circumstances make it impractical for the police officer to afford such an opportunity.
D. No person shall be convicted of an offense under this section if it appears at trial that the explanation given by the suspected violator was true and, if believed by the police officer at the time, would have dispelled the alarm or suspicion of unlawful purpose. (Ord. 628, 1976)