Decatur, AL Public Conduct: Loitering Rules (2026)
Key Facts
- Cemetery rule
- § 8-25: no loafing or loitering on Decatur Cemetery grounds
- Public-place rule
- § 16-27(b): loitering for prostitution purposes only
- Conviction limit
- One instance of the conduct alone cannot support conviction
- Penalty (§ 1-8)
- Fine of $1.00 to $500.00, up to six months
- General loitering ban
- None found in the code
Summary
The City of Decatur, Alabama has no general loitering ban. Its code targets two places and purposes: § 8-25 bars loafing or loitering on the grounds of the Decatur Cemetery, and § 16-27(b) bars loitering in public to solicit or patronize prostitution.
No person shall loaf or loiter on the grounds or within the enclosure of the grounds of the premises known as the Decatur Cemetery. ... (b)No person shall loiter, lurk, remain or wander about in a public place, or in a place within view of the public, or in a place open to the public, for the purpose of prostitution, or of patronizing a prostitute, or of soliciting for prostitution, and there conduct himself or herself in a manner or under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. ... No conviction shall be had under the terms of this subsection based on proof merely of a single instance of conduct described herein or only one (1) similar act, nor upon proof of only one (1) such instance in conjunction with proof of a prior conviction of an offense prescribed within sections 16-24 through 16-32.
Full Breakdown
Decatur City Code § 8-25 is a single sentence: no person shall loaf or loiter on the grounds or within the enclosure of the grounds of the premises known as the Decatur Cemetery. It has no time-of-day limit and no exception, so it applies around the clock. It sits beside other cemetery rules in chapter 8: no selling or soliciting of orders on the grounds at any hour (§ 8-22), no driving on the grounds from one-half hour after sunset to one-half hour before sunrise (§ 8-23), and no parking on any road or driveway in the same window (§ 8-24). The chapter 16 offenses article carries a cross reference back to § 8-25.
Section 16-27(b) is the only loitering rule that reaches public streets and other open places. It bars anyone from loitering, lurking, remaining or wandering about in a public place, a place within view of the public, or a place open to the public, for the purpose of prostitution, of patronizing a prostitute, or of soliciting for prostitution, while conducting himself or herself in a manner or under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Purpose is the element: standing in a public place is not enough by itself.
The code lists circumstances that can show that purpose. They include a conviction within the past year under the related sections of the chapter that was known to the arresting officer, beckoning to, stopping or interfering with the free passage of other persons, trying to engage passersby in conversation, and stopping or trying to stop motor vehicle operators by hailing, waving of arms or other bodily gesture. The code also limits convictions: none can rest on proof of a single instance of the described conduct or only one similar act, and none can rest on one instance combined with a prior conviction under sections 16-24 through 16-32. Enforcement belongs to the Decatur Police Department, and cases go to the municipal court.
Violations & Fines
Neither section states its own penalty, so Decatur City Code § 1-8 applies. A violation is a misdemeanor punishable by a fine of not less than $1.00 nor more than $500.00, plus imprisonment or hard labor for up to six months at the municipal judge's discretion. A corporation pays the fine and court costs only. Each day a violation continues is a separate offense.
Frequently Asked Questions
Is it illegal to loiter in Decatur, Alabama?
Are there hours when the Decatur Cemetery loitering rule applies?
Can a person be convicted of loitering for prostitution after one incident?
What is the penalty for loitering in Decatur?
Sources & Official References
Other rules in Decatur
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