Berwyn, IL Public Conduct: Loitering Rules (2026)

The core test in § 666.07(A) is alarm. Loitering or prowling becomes a violation only when the place, the time or the manner is not usual for law-abiding individuals and the circumstances warrant alarm for the safety of persons or property in the vicinity. The code names three facts the City can weigh: the person takes flight upon the appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object.

The section builds in a procedural protection. Unless flight or other circumstances make it impractical, the officer must ask the person to identify himself or herself and to explain his or her presence or conduct, and only then can an arrest follow. If the officer skipped that step, no one can be convicted. Nor can anyone be convicted if the explanation given at trial was true and, had the officer believed it at the scene, would have dispelled the alarm. An officer can still arrest a suspected loiterer or prowler without a warrant if it reasonably appears that the delay of getting a warrant would let the suspect escape.

Section 666.07(C) defines PUBLIC PLACE for the section to include streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles whether moving or not, buildings open to the general public, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

Two neighboring rules sit in the same chapter. Section 666.07(B) covers standing, sitting or lying so as to obstruct sidewalks and building entrances. Section 666.075 covers gang loitering: the Chief of Police designates areas of the city by written directive, and when an officer sees a criminal street gang member loitering with one or more other persons in a designated area, the officer must say so, order everyone to disperse out of sight and hearing, and warn that arrest follows for failing to obey or for loitering again within sight or hearing during the next three hours. The Chief must also issue procedures that keep that section from being enforced against constitutionally protected collective advocacy.