Fountain, CO Public Conduct: Loitering Rules (2026)

010 defines 'loiter' as being dilatory, standing idly around, lingering, delaying, wandering about, or remaining, abiding, or tarrying in a public place. It bans three distinct acts: loitering so as to warrant alarm for the safety of persons or property, loitering on school grounds while school is in session or minors are present after being asked to leave or without a legitimate reason, within 100 feet of school grounds, and begging or loitering with intent to beg in any public place. For the general alarm-based offense, the ordinance lists specific circumstances an officer may weigh, including taking flight at the sight of an officer, refusing to identify oneself, concealing oneself or an object, systematically checking access points to buildings or vehicles, or maintaining a continuous presence somewhere that suggests a high probability of unlawful activity.

Unless flight or other circumstances make it impractical, a peace officer must give the person a chance to dispel that alarm before arrest, by asking the person to identify themselves and explain their presence and conduct. 010(D) then bars a conviction if the officer skipped that step, or if the trial shows the defendant's explanation was true and would have dispelled the alarm or shown a lawful purpose. 010.