Snellville officials propose removing vague "legitimate reason" language from loitering code

Snellville Mayor and council members said they will bring a revision to city code section 38-91 to their June 9 meeting after staff and legal review found the phrase “legitimate reason” in the code is legally problematic.

City Attorney and staff described how the code’s phrase — which is used by officers when citing people at locations — prompted a citizen complaint and subsequent legal review. The attorney said a U.S. Supreme Court case with similar language found the wording “too vague to be enforceable,” and staff recommended removing the phrase from the city code.

The change would not eliminate other criminal-authority tools used by officers, staff said. The city attorney and police leadership noted the city still has other ordinances governing disorderly conduct and similar conduct that can be enforced while the specific language is removed.

City staff told the council they have already suspended enforcement of section 38-91 and will present a draft ordinance on June 9 to remove or revise the problematic language. The council agreed to the proposal and asked staff to bring forward the formal code amendment process.

The proposal seeks to reduce the risk of future court challenges and officer mistakes tied to ambiguous statutory wording, staff said. No vote was taken; the item was placed on the June 9 agenda for formal consideration.

The council closed the work session and moved to executive session after concluding the discussion.