Clayton County, GA Public Conduct: Loitering Rules (2026)

Sec. 62-7 defines loitering as remaining idle in essentially one location, including spending time idly, loafing, walking about aimlessly, sitting on cars or trucks, or the colloquial "hanging around." That alone is not illegal; the ordinance only reaches loitering on public property, or private property open to the general public, that does one of five things: creates a danger of breaching the peace, disturbs or annoys the comfort and repose of any person, obstructs the free passage of pedestrians or vehicles, obstructs or interferes with anyone lawfully in a public place, or occurs at a time, place, or manner unusual for law-abiding people under circumstances warranting justifiable, reasonable alarm for the safety of persons or property nearby.

The ordinance builds in its own evidence rule: relocating from one position to another, regrouping, or generally "hanging around" is prima facie evidence of intent to continue the unlawful act, and it counts as a new offense once someone has already been dispersed or cited under this section. That means police do not have to start the clock over with each new corner a group moves to; continuing the same idle presence after a warning or citation is itself chargeable again.

Enforcement rests with the Clayton County Police Department, and a conviction is punished under Sec. 1-12, the county's general penalty: a fine of up to $1,000.00, imprisonment in the county jail for up to six months, or both, for each offense.