Loitering will no longer be allowed in the city of Mineola.

The city council approved an ordinance Tuesday, May 7 that would make those guilty of the offense subject to a fine.

The ordinance was requested by Police Chief Chuck Bittner to give his officers means to address growing complaints about persons primarily in the downtown business district with no apparent purpose for being there.

“There has been an influx of people (downtown) just hanging out,” he said. “Our hands are kind of tied. This gives us something with teeth we can work with now.”

City Manager Mercy Rushing said it is mostly repeat offenders.

The ordinance goes into effect May 16 with the publication of the notice that appears on Page 7A of this edition.

It calls for a fine of up to $500 for those found guilty of the Class C misdemeanor.

It allows a law enforcement officer to order a person found loitering to stop, move on or disperse, and if not would be in violation.

Defenses include being engaged in lawful employment or exercising First Amendment rights such as exercise of religion, freedom of speech or public assembly.

According to the ordinance, “Loitering” shall mean remaining idle in essentially one location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around and shall also include the colloquial expression, “hanging around.

“Public Place” shall mean any place to which the general public has access and a right to resort in business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant or other place of business and also public grounds, areas or parks. It shall also include streets, sidewalks, highways and the common areas at schools, hospitals, apartment houses, office buildings, transport facilities and shops.

The following acts are considered prohibited activity:

a) Knowingly loiter in or near a public place in a manner and under circumstances which may obstruct any public street, public highway, public sidewalk, or any other public place or building as defined herein by hindering or impeding or intending to hinder or impede the free and uninterrupted passage of vehicle or pedestrian traffic;

b) Commit in or upon any public street, public highway, public sidewalk, or any other public place as defined herein any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in such public place, all of which prevents the free and uninterrupted ingress, egress and regress therein, thereon, and thereto.