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Chatham County, GA Public Conduct: Loitering Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Code of Chatham County Sec. 11-103
Officer must first
Request ID and explanation
Maximum fine
$500 (Sec. 2-108)
Maximum jail term
30 days
Enforcing agency
Chatham County Police Department
Applies to
Unincorporated county only

Summary

Chatham County makes loitering or prowling a crime when someone is in a place, at a time, or acting in a manner unusual for law-abiding people, under circumstances creating a real, justified alarm about safety of persons or property nearby. Sec. 11-103 requires an officer to first ask the person to identify themselves and explain their presence, and bars conviction if that step was skipped or the explanation was true.

These county ordinances apply to unincorporated areas of Chatham County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A person commits the offense of loitering or prowling when he is 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. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this Code section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this Code section if the law enforcement officer failed to comply with the foregoing procedure or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.

Full Breakdown

Sec. 11-103 defines loitering or prowling as being in a place, at a time, or in a manner 'not usual for law-abiding individuals' under circumstances that create a justifiable and reasonable alarm or immediate concern for the safety of persons or property nearby. The ordinance lists specific behavior a Chatham County Police officer may weigh in judging whether that alarm is warranted: taking flight when an officer appears, refusing to identify oneself, or visibly trying to conceal oneself or an object. Before making an arrest, the section requires the officer to give the person a chance to dispel the alarm by asking them to identify themselves and explain their presence and conduct, unless flight or other circumstances make that step impracticable.

That procedural safeguard has teeth: a person cannot be convicted under this section if the officer skipped the identification step, or if it turns out at trial that the explanation the person gave was true and would have resolved the officer's concern. The ordinance sets no separate fine, so a conviction is punished under the general penalty in Sec. 2-108: up to $500, up to 30 days in the county jail, up to 60 days of work-gang labor, or a combination, with each continuing day treated as a separate offense.

Because Sec. 11-103 applies only in the unincorporated area, the same stop in Savannah or one of the county's cities is charged under that city's own loitering or disorderly-conduct code instead.

Violations & Fines

A loitering conviction under Sec. 11-103 carries the code's general penalty, Sec. 2-108: up to $500 in fines, up to 30 days in the county jail, up to 60 days on the work gang, or a combination, plus court costs, with each day of continued conduct a separate offense. Officers must first request identification and an explanation before arresting, and a conviction cannot stand if that step was skipped.

Frequently Asked Questions

What counts as loitering under Chatham County law?
Sec. 11-103 defines it as being somewhere, at a time, or in a manner unusual for law-abiding people, under circumstances that create a real, justified alarm about the safety of people or property nearby. Flight from police, refusing to identify yourself, or trying to hide yourself or an object are factors an officer can weigh.
Do police have to ask before arresting someone for loitering?
Yes, unless flight or other circumstances make it impossible. Sec. 11-103 requires an officer to give the person a chance to dispel the concern by asking them to identify themselves and explain their presence. A conviction cannot stand if the officer skipped that step or if the explanation given was true.
What's the penalty for loitering in Chatham County?
Sec. 11-103 sets no separate fine, so the general penalty in Sec. 2-108 applies: up to $500, up to 30 days in the county jail, up to 60 days of work-gang labor, or a combination, plus costs, with each continuing day charged as a separate offense.

Sources & Official References

Other rules in Chatham County

All Chatham County rules

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