DeKalb County, GA Public Conduct: Loitering Rules (2026)
Key Facts
- Trigger
- Officer directive to move on
- Covered sites
- Churches, theaters, hotels, stores
- Standard
- Reasonable alarm for safety
- Officer duty
- Must request ID/explanation first
Summary
Unincorporated DeKalb bars loitering around churches, theaters, hotels, convenience stores and sidewalks after a police officer orders a person to move on.
A person commits the offense of loitering when the person is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.(c)Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a law enforcement 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 make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer failed to comply with the foregoing procedure or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.(d)For purposes of interpreting and enforcing this Code section, the terms defined in Code section 27-9.1.3 should be assigned those meanings. Further, "monitored business" shall be defined as stated in Code section 15-573(a).
Full Breakdown
County Code § 16-43 makes it unlawful to remain or loiter after being directed by police to move away from a church, theater, tavern, hotel/motel, extended-stay hotel, convenience store, monitored business, or public sidewalk or street. Loitering is defined as being present at a time or in a manner unusual for law-abiding people under circumstances warranting reasonable alarm. Before arrest, an officer must give the person a chance to identify themselves and explain their presence; a truthful explanation that dispels the alarm bars conviction.
Violations & Fines
Loitering after a police order to move on is a citable Code offense; officers must first request identification and an explanation, and cannot convict if that explanation was true and dispelled the alarm.
Frequently Asked Questions
Can I be cited for loitering without a police warning first?
Where does DeKalb's loitering rule apply?
Sources & Official References
Other rules in DeKalb County
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