Loitering Ordinance
City of Tucker and the DeKalb County Police Department are working collaboratively to address loitering on commercial properties throughout the county. Loitering contributes to safety concerns, property damage, reduced patronage, and general deterioration of the business environment. To effectively address this issue, we are inviting your business to partner with the DeKalb County Police Department to assist in the enforcement of the loitering ordinance on your property.
By entering into this voluntary partnership, businesses agree to:
- Post a “No Loitering” sign that is clearly visible on the premises, and
- Authorize the DeKalb County Police Department to enforce loitering violations on the property, including issuing citations to violators.
This partnership enables officers to take appropriate enforcement action as permitted under City of Tucker’s Loitering Ordinance, Sec. 30-93, which states in part:
(a) It shall be unlawful for any person after having been directed by an officer or member of the police department to move away therefrom, to remain or loiter in front of any church or other place of public worship during services therein, or in front of any theater, concert hall, ballroom, coffeehouse, tavern, establishment licensed to sell alcoholic beverages either by the drink for consumption on the premises or by package for consumption off the premises, automobile service station, or other public place, or to loiter or idle away time around the hotels/motels or extended stay motels, convenience stores, or on the sidewalks or public streets or roads of the city.
(b) A person commits the offense of loitering when the person is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
(c) Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer failed to comply with the foregoing procedure or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.
By displaying the appropriate signage and completing a short enforcement authorization form, your business will directly contribute to making your property and the surrounding area safer and more welcoming for your customers and employees.
If you are interested in participating, please complete and email the Loitering Enforcement Authorization Form to DKPDCPU@dekalbcountyga.gov. Upon receipt, a representative from our office will contact you with next steps, including signage guidelines.
Please contact the DeKalb County Police Department Community Policing Unit at 678-406-7441 or DKPDCPU@dekalbcountyga.gov if you have any questions or need additional information.
- WHAT IS THE PURPOSE OF THIS ORDINANCE?
The ordinance is designed to help maintain safe and welcoming public spaces throughout Tucker. It gives law enforcement clear guidance to address situations where individuals remain in certain areas in a way that raises reasonable safety concerns for people or property. It also amends the City’s loitering code to mirror the changes made to DeKalb County’s code in March 2025. The City of Tucker and the DeKalb County Police Department (DKPD) are working collaboratively to address loitering on commercial properties throughout the county. - WHEN DOES THE ORDINANCE GO INTO EFFECT?
Immediately. It was adopted by Tucker’s Mayor and City Council on Monday, March 9, 2026. - WHAT AREAS ARE COVERED BY THIS ORDINANCE?
o Gas stations
o Hotels, motels, and extended-stay properties
o Convenience stores
o Theaters, concert halls, ballrooms
o Coffee shops and establishments that sell alcohol
o Areas in front of churches and other places of worship
o Sidewalks and public streets - HOW DOES THIS HELP BUSINESSES?
Loitering contributes to safety concerns, property damage, reduced patronage, and general deterioration of the business environment. It authorizes the DKPD to enforce loitering violations on the property, including issuing citations to violators. We are inviting business and property owners to partner with the DKPD to assist in the enforcement of the loitering ordinance on their property. Businesses can participate in the voluntary Loitering Enforcement Authorization Program with DKPD to experience the benefits of the new ordinance. The program is designed to remove friction in loitering enforcement, allowing for police to enforce the rule even when the business is closed or when a representative of the business is not present. It can help address issues like:
o Individuals lingering in ways that interfere with customers
o Activities that cause alarm or concern for property or safety
By signing onto the program, businesses enable DKPD to enforce loitering laws on their properties by providing written authorization and placing public signage. - WHAT DO I DO TO PARTICIPATE IN THE VOLUNTARY PROGRAM?
It generally means remaining idle in one location, hanging around, or sitting/standing in a vehicle on private property without a valid reason. When a person is in a place at a time or in a way that is not typical for law-abiding individuals and that reasonably causes concern for the safety of people or property nearby.
Factors law enforcement may consider include:
o Running or hiding when an officer approaches
o Refusing to identify themselves
o Trying to conceal themselves or an object - WHAT MUST LAW ENFORCEMENT DO BEFORE TAKING ACTION?
Whenever possible, officers are required to:
o Ask the individual to identify themselves
o Allow the individual to explain their presence and conduct
o Allow the individual to vacate on their own
If the person provides a reasonable explanation that resolves the concern or removes themselves, enforcement action will not occur. - CAN SOMEONE BE ARRESTED IMMEDIATELY?
The ordinance requires that, unless circumstances make it impractical, individuals are given the chance to explain their presence before an arrest for loitering can occur. - DOES THIS ORDINANCE AFFECT PUBLIC SIDEWALKS IN FRONT OF MY BUSINESS?
Yes, but only when someone’s presence or behavior creates a reasonable safety concern or alarm. Lawful pedestrian activity and normal customer traffic are not affected. - WHAT SHOULD I DO IF I SEE SOMEONE LOITERING NEAR MY BUSINESS?
o You may contact DKPD if you believe the situation is unsafe or raises reasonable concern
o Provide a clear description of the person and their behavior
o Let officers handle the situation according to the ordinance - WHAT HAPPENS IF SOMEONE IS CAUGHT LOITERING?
Police will ask the individual to explain their presence. If they cannot provide a valid reason, they will be asked to leave. Refusal to leave can lead to arrest. - WHAT IS THE DIFFERENCE BETWEEN LOITERING AND TRESPASSING?
Loitering involves being in a place legally but without purpose, while trespassing is the act of entering private property without any permission. - DO I NEED “NO LOITERING” SIGNS TO CALL THE POLICE?
A business owner can call the police at any time to report loitering. To be a part of the ordinance program, a sign must be displayed if you are a standalone business. If you are part of a plaza where property management has signed up and is displaying signs, you may not need to do so as an individual business owner in that plaza. - WILL ENFORCEMENT AFFECT MY NORMAL CUSTOMERS OR EMPLOYEES?
No. The ordinance is not intended for normal business activity or law-abiding patrons. Enforcement only applies when an individual’s presence or behavior creates a reasonable safety concern. - CAN POLICE ENFORCE THE LAW WHEN MY BUSINESS IS CLOSED?
Yes. That’s one of the main benefits of signing up for the program. DKPD can enforce the rule even when the business is closed or when a representative of the business is not present. - ARE HOMELESS INDIVIDUALS OR PANHANDLERS ALLOWED TO LOITER?
This can be a sensitive area where owners ask about the legality of removing people who may be seeking shelter or asking for money. Adopted in March 2021, the City of Tucker’s pre-existing urban camping ordinance prohibits sleeping, cooking, or storing personal property in public places like parks, sidewalks, and under bridges. Before arresting violators, police must provide a warning and offer services such as shelter or transportation. This new program extends this prohibition to any private properties that sign up for it. - WHO CAN I CONTACT FOR MORE INFORMATION?
DeKalb County Police Department Community Policing Unit at 678-406-7441 or dkpdcpu@dekalbcountyga.gov
LOITERING ENFORCEMENT AUTHORIZATION FORM
Business application to request DKPD to enforce Tucker Loitering Ordinance.