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Ordinance 1319ORDINANCE NO. 1,,71 AN ORDINANCE OF THE CITY OF EDMONDS REDEFINING THE OFFENSE OF LOITERING OR PROWLING* AMENDING SECTION 5.12.100 OF THE EDMONDS CITY CODE AND PROVIDING PENALTIES. THE CITY COUNCIL OF THE CITY OF EDMOND,5 DO ORDAIN AS FOLLOWS: Section 1. Section 5.12.100 (Loitering) of the Edmonds City Code is hereby amended to read as follows: "Section 5.12.100 Loiterino or Prowlin It shall be unlawful for any person or persons to loiter or prowl in a place, at a time, or in a manner not usual for lawabiding individuals under circumstances that warrant alarm for the safety of persons or prop- erty in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a police officers refuses to iden- tify himselft.. or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstance makes it impracticable.., a police officer shall prior to any arrest for an offense under this section afford the actor an opportunity to dispel any alarm which would otherwise be warranted:,, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this Section if the police officer did not comply with the preceding sentences, or if it appears at trial that the explanation given by the actor was true and, if believed by the police officer at the times would have dispelled the alarm." Section 2. There is hereby adopted a new section to the Edmonds City Code providing as follows: "Section 5.12.101 If any provisions of Section 5. 12.100 or the application thereof to any person or cir- cumstances is held invalid:, such invalidity shall not affect other provisions or applications of said section which can be given effect without the invalid provision or applications and,, to this end, provisions of this section are declared to be severable." Section 3. Penalties Anyone convicted of violating Section 5.12.100 of the Edmonds City Code shall be guilty of a misdemeanor and shall be punished by a fine in a sum not to exceed $500.00 or confinement in the City jail for a term not to exceed 90 days, or by both such fine and imprisonment. APPROVED: a `�&DON MAXWELL. MAYOR ATTEST: =J --J-7 C/ ,- CITY CLERK PASSED BY THE CITY COUNCIL: 15 ` �q to `] FILED WITH THE CITY CLERK: 15 i 116-7 PUBLISHED: A k-,�usk, a3`�q(.7 0 -2-