§ 509.06. Loitering.

(a)

For the purposes of this section, "loiter" includes, but is not restricted to, standing, lounging, sitting, lying or strolling about idly, whether alone or in company with other loiterers.

(b)

No person shall loiter on any of the sidewalks, streets, public places or vacant lots or in public buildings or the entranceways thereof, or in or upon other places open to the public, and there conduct himself in a manner annoying to persons passing by or occupants of buildings, or insult, threaten, intimidate or in any manner interfere with, or impede the progress of, any other person conducting himself in a lawful and orderly manner.

(c)

Any person who loiters on any of the sidewalks, streets, public places or vacant lots or in public buildings or the entranceways thereof, or in or upon other places open to the public who is ordered by a person in charge of such building or place, or who is ordered by a police officer, to depart therefrom shall obey such order forthwith.

(d)

This section shall not apply to any person or assembly of persons waiting, assembled or standing in line in an orderly manner for any lawful purpose incident to the building or other place mentioned in this section, nor shall it be construed to restrict the right to lawful assembly, picketing, public speaking or other lawful means of expressing public opinion not in contravention of other laws or ordinances.

(e)

No person or persons shall knowingly and without proper authority for any reason use any private or public properties of another for the purpose of loafing or loitering.

(f)

Whoever violates this section shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $10.00 nor more than $50.00 plus the costs imposed by the Municipal Court. (W. Va. Code, § 61-6-14(a))

(Code 1979, § 14-1-40; Code 1991, § 509.06; Ord. of 3-26-1984; Ord. of 2-1-2016(3))