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Decatur, AL Public Conduct: Loitering Rules (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Only in two situations. Decatur City Code § 8-25 bars loafing or loitering on the grounds of the Decatur Cemetery, and § 16-27(b) bars loitering in public places for the purpose of prostitution. The code contains no ordinance that makes loitering unlawful in general, so being in a public place is not an offense without one of those purposes.
Are there hours when the Decatur Cemetery loitering rule applies?
The loitering sentence in § 8-25 has no hours, so it applies at every time of day. Separate cemetery sections restrict driving (§ 8-23) and parking (§ 8-24) from one-half hour after sunset to one-half hour before sunrise, and § 8-22 bars selling or soliciting orders on the grounds during any period of the night or day.
Can a person be convicted of loitering for prostitution after one incident?
No. Section 16-27(b) says no conviction shall be had based on proof merely of a single instance of the conduct or only one similar act. It also bars conviction on one such instance combined with a prior conviction under sections 16-24 through 16-32. The state must show conduct manifesting the purpose of inducing or soliciting.
What is the penalty for loitering in Decatur?
Neither § 8-25 nor § 16-27 sets its own penalty, so the general penalty in Decatur City Code § 1-8 applies: a misdemeanor with a fine from $1.00 to $500.00, and the municipal judge can add up to six months of imprisonment or hard labor. A corporation pays the fine only, plus court costs, and each day counts as a separate offense.

Sources & Official References

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