§ 42-122. Restrictions and prohibitions.

(a)

It shall be unlawful for any person to loiter in or near any thoroughfare, place open to the public, any public or private school, or near any public or private place in a manner and under circumstances manifesting the purpose to engage in criminal gang activity. Whenever a police officer observes two or more persons whom he reasonably believes to be criminal street gang members loitering, he shall order all such persons to disburse and remove themselves from the area. Any person who does not promptly obey such an order is in violation of this section.

(b)

It shall be an affirmative defense to an alleged violation of this section that a person who is observed loitering was in fact not a member of a criminal street gang.

(Code 1974, § 12-24(B))