A.    Prohibited Action. It is unlawful for any person to loiter or remain in a public place in a manner and under circumstances manifesting the purpose of engaging or soliciting another person to engage in sexual activity. The circumstances which may be considered in determining whether such purposes are manifested are: that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop passersby, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gestures.

    1.    No arrest shall be made, or no citation shall be issued for a violation of this section unless the arresting officer, by direct demand, first affords such person an opportunity to explain such conduct.

    2.    No person shall be convicted of a violation of this section if the arresting officer does not comply with the preceding subsection or if it appears at trial that the explanation offered was true and disclosed a lawful purpose.

    B.    Definitions. As used in this section:

    "Known prostitute or panderer" means a person who, within one year previous to the date of an arrest or issuance of a citation for a violation of this section, has, to the knowledge of the arresting officer, been convicted of a violation of any ordinance of the city or statute of the state of Indiana defining and punishing acts of prostitution, patronizing a prostitute or promoting prostitution.

    "Loitering" means remaining idle in essentially one place and shall include the concepts of spending time idly, loafing or walking about aimlessly.

    "Public place" means an area, either publicly owned or to which the public has access, where offenses relating to sexual conduct are known to have been committed.

    "Sexual activity" or "sexual conduct" means acts of prostitution, patronizing a prostitute or promoting prostitution as such acts are proscribed and defined by Indiana Code, 35-45-4-2, 35-45-4-3 and 35-45-4-4 (G), or as these statutes hereafter shall be amended.

    C.    Penalties. Any person who violates this section shall be subject to a fine of one hundred fifty dollars upon conviction of a first offense. Any person who is convicted of a second violation of this section within a one-year period shall be subject to a fine of two hundred fifty dollars. Any person who is convicted of a third or subsequent violation of this section within a one-year period shall be subject to a fine of not less than three hundred fifty dollars nor more than one thousand dollars. Each day that a violation occurs shall be considered as a separate offense. (Prior code § 18-10)