Smyrna, GA Public Conduct: Loitering Rules (2026)

Sec. 66-11 of the Smyrna Code defines the offense in subsection (a): a person loiters or prowls 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. Subsection (b) lists circumstances that count toward alarm: taking flight upon the appearance of a law enforcement officer, refusing to identify himself, or manifestly endeavoring to conceal himself or any object.

The section builds in a required procedure. Unless flight or other circumstances make it impracticable, an officer must, before any arrest, afford the person an opportunity to dispel the alarm by requesting the person to identify himself and explain his presence and conduct. No person can be convicted if the officer skipped that step, or if it appears at trial that the explanation was true and would have dispelled the alarm. Subsection (c) sends punishment to Sec. 1-8.

Two neighboring provisions cover loitering with a specific purpose or effect. Sec. 66-4 makes it unlawful to loiter in a public place in a manner manifesting the purpose of illegally using, possessing or selling controlled substances. It requires affirmative language or conduct showing specific intent, bars arrest until the officer first affords an opportunity to explain, and defines a known illegal user as a person convicted within one year before the arrest. Sec. 66-3(b)(9) and (10) count it as disorderly conduct to congregate in a public way, or stand or remain in a street, sidewalk or overpass, so as to halt or impede vehicular or pedestrian traffic and then fail to clear the way after a police officer or other lawful authority orders it. City parks add Sec. 70-1, which makes it unlawful to be in a park during closed hours, dusk to dawn when unposted.