Bozeman, MT Public Conduct: Loitering Rules (2026)

Section 24.05.010 of the Bozeman Municipal Code is the city's loitering rule, and it is narrower than a ban on standing around. The offense is loitering or prowling 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. The alarm requirement is the core of the rule: loitering by itself, without circumstances that warrant alarm, is not the offense described.

The section names circumstances that can be considered in deciding whether alarm is warranted: the actor takes flight upon appearance of a peace officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Those are examples, so a court is not confined to them, but each is tied to conduct the officer observes.

The section then builds in a warning step before arrest. Unless flight by the actor or other circumstance makes it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting the actor to identify himself or herself and explain the actor's presence and conduct. The section adds two conviction bars: no person shall be convicted if the police officer did not comply with that requirement, or if it appears at trial that the explanation given by the actor was true and, if believed by the police officer at the time, would have dispelled the alarm.

The Bozeman Police Department enforces the section within the city limits. A violation is a misdemeanor with the penalties set forth in section 1.01.210, and a state law reference beneath the section points to MCA 45-8-101 on disorderly conduct. Gallatin County and Belgrade have their own rules; only the City of Bozeman's code applies inside the city limits.