Brookhaven, GA Public Conduct: Loitering Rules (2026)

Sec. 18-10 is the City of Brookhaven's loitering and prowling ordinance, and it works through circumstances, not through a fixed time or place. Subsection (a) makes it unlawful to be 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. The listed circumstances include taking flight upon the appearance of a law enforcement officer, refusing to identify oneself, and manifestly endeavoring to conceal oneself or any object.

The section builds in a procedural gate. Unless flight or other circumstances make it impracticable, the officer shall, before any arrest, request that the person identify himself and explain his presence and conduct. No conviction stands if the officer skipped that step or if the explanation given was true and would have dispelled the alarm.

Subsection (b) applies a parallel rule to a person aged 17 years or younger and adds presence at the place during school hours to the listed circumstances. Subsection (c) makes it unlawful for a parent, guardian or other person having custody or control of a minor to permit, allow or encourage a violation of subsection (a). Subsection (d) reaches the proprietor, manager or other person in charge of any public or other place who permits, allows or encourages a minor to violate subsection (a) there.

Obstruction rules sit in Sec. 18-2(b), the disorderly conduct section. Item (9) covers congregating with others on a public way so as to halt vehicular or pedestrian traffic and failing to clear it after being ordered to do so by a city police officer. Item (10) covers standing or remaining on a street, sidewalk, overpass or public way so as to impede traffic and failing to clear it after being requested or ordered to do so. Sec. 18-3(c) makes it unlawful to refuse to provide identification, address or date of birth to a city police officer or fire marshal who is conducting an investigation and has reasonable belief that the person committed, is committing or is about to commit a crime.