Battle Creek, MI Public Conduct: Loitering Rules (2026)

Section 618.34 starts with a definition: to loiter means to remain in a location for a period of time that a reasonable person would regard as excessive in relation to the location's primary purpose. Chapter 618 points to it from Section 618.01(b). The City Commission carved out protest: loitering does not include participation in any assembly designed to demonstrate support of or opposition to a particular point of view, unless it uses fighting words or incites violence.

Subsection (c) prohibits loitering in a way that obstructs or unreasonably interferes with ingress or egress to buildings owned by the City, including City Hall, W.K. Kellogg Airport, fire stations, police facilities, public works buildings and transit buildings. It also prohibits knowingly engaging in harassment, assault, molestation or intimidation of any other person by words or conduct.

Subsection (d) sets a 15-foot rule around the entrance or exit of any public toilet facility and around an automated teller machine, measured from the facility entrance when the machine is inside one. Subsections (e) and (f) cover private property: loitering is unlawful when the owner, tenant or lawful occupant has asked the person to leave or posted a sign, and it is also unlawful on private property open to the public for business without the knowledge, consent or invitation of the owner or party in control. Subsection (g) bars remaining idly within 25 feet of an intersection of roads unless the person has an official license or permit to conduct activities there.

Subsection (i) requires the section to be construed to comply with the United States Constitution and severs any unenforceable part. A separate section, 620.05, makes it a crime to knowingly loiter in or about a place where a controlled substance is being illegally used, sold or stored, with a penalty of up to $500 and 90 days under Section 620.99.