Dallas City Code Chapter 31 retains location-specific loitering provisions (schools, ATMs, transit) but cannot enforce general anti-loitering laws after Kolender v. Lawson and Papachristou. Officers need specific articulable conduct, not mere presence, before issuing a citation.
After the U.S. Supreme Court's decisions in Papachristou v. City of Jacksonville (1972) and Kolender v. Lawson (1983), broad loitering and vagrancy ordinances are unconstitutionally vague. Dallas City Code Chapter 31 therefore restricts loitering only in narrowly defined contexts: near schools (with intent to engage minors), at ATMs, in transit stations after hours, in posted no-trespass areas, and for prostitution-related solicitation. Texas Penal Code 38.02 (failure to identify) does not apply to loiterers absent lawful detention based on reasonable suspicion of another offense. Officers must articulate specific intent or conduct beyond merely standing in a public place. Park curfews and trespass laws often substitute when loitering charges fail.
Loitering citations under narrow Chapter 31 provisions are Class C misdemeanors, fines up to $500. Most stops result in trespass warnings because vague-loitering charges are routinely dismissed. Refusal to leave posted private property triggers TX Penal Code 30.05 trespass.
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