Loitering
Ordinance 130.03 addresses loitering in public spaces in Harker Heights, outlining specific actions and behaviors that may constitute a violation. Below, you’ll find the full text of the ordinance, along with analysis of its implications and enforcement practices.
Full Text of Ordinance 130.03
§ 130.03 LOITERING.
(A) A person commits a violation if he or she loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of
persons or property in the vicinity. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police
officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer
shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify himself or
herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial
that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of
being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect's escape.
(B) It shall be unlawful for any person, after first being warned by a police officer, or where a “no loitering” sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasi
public sidewalk, street, curb, crosswalk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles
thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public.
(C) For the purpose of this section, PUBLIC PLACE has the following definition unless the context clearly indicates or requires a different meaning: an area generally visible to public view, including
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink or
provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
Research and Analysis
Ordinance 130.03 raises questions about the balance between maintaining public order and protecting individual rights. By targeting loitering behaviors that may "warrant alarm," the ordinance could potentially lead to subjective enforcement. Factors like refusal to identify oneself or the intent to conceal an object are considered alarming, but such judgments can vary widely between officers.
The ordinance’s reliance on posted signs or prior police warnings creates ambiguity in enforcement. This can lead to differing interpretations of loitering, which may affect certain community members disproportionately.
The concept of a “public place” as defined here extends to areas traditionally accessible to the public, such as sidewalks and parking lots, which may complicate questions of freedom of movement. Additionally, the ordinance emphasizes free passage, particularly in high-traffic areas, suggesting that its main goal is to prevent obstruction rather than regulate mere presence.