Stonecrest, GA Public Conduct: Loitering Rules (2026)
Key Facts
- Citation
- Stonecrest Code § 16-29
- Standard
- reasonable alarm for safety of persons/property
- Due process
- officer must offer chance to explain first
- Minors rule
- stricter standard, age 17 and under
- Adopted
- Ord. No. 2018-10-03
Summary
City Code § 16-29 makes it unlawful in the City of Stonecrest to be in a place, at a time or in a manner unusual for law-abiding people, under circumstances warranting reasonable alarm for the safety of persons or property. Officers must first give a chance to explain before any arrest, and a truthful explanation at trial bars conviction.
(a)It shall be unlawful for a person to be 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 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 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
Adopted by Ordinance No. 2018-10-03 and codified at City Code § 16-29, Stonecrest's loitering and prowling ordinance targets presence, not just conduct: subsection (a) makes it unlawful for a person to be 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. The section lists specific circumstances an officer may weigh, including whether the person flees upon an officer's appearance, refuses to identify himself, or manifestly tries to conceal himself or an object.
Before any arrest, the officer must, unless flight or other circumstances make it impracticable, give the person a chance to dispel the alarm by identifying himself and explaining his presence and conduct; no conviction can stand if the officer skipped that step or if the explanation given turns out to have been true and would have dispelled the concern. Subsection (b) adds a parallel, stricter rule for anyone 17 or younger, adding presence at a place during school hours as an additional circumstance an officer may weigh.
Subsections (c) and (d) extend liability to a parent, guardian or custodian who permits a minor to violate subsection (a), and to a proprietor, manager or other person in charge of a place who permits a minor to loiter there in violation of the section.
Violations & Fines
A § 16-29 loitering charge requires the officer to first give the person a chance to identify himself and explain his presence, per subsection (a); skipping that step, or a trial showing the explanation was true, bars conviction. Punishment then follows as a misdemeanor under Chapter 16's general clause, § 16-1, and a parent or property manager who lets a minor violate the section faces liability under subsections (c) and (d).
Frequently Asked Questions
What makes loitering illegal in the City of Stonecrest?
Can police arrest someone for loitering without warning first?
Is there a separate loitering rule for minors in Stonecrest?
Sources & Official References
Other rules in Stonecrest
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