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Law director will study 'predator' loitering ordinance, flags constitutional constraints
Summary
Law Director Chase Kirby told the South Lebanon council he will research a potential ordinance to curb loitering by persons with qualifying offenses near places with minors, but warned of constitutional issues and existing state law; he also noted use of Axon for prosecutor evidence handling.
Law Director Chase Kirby told the South Lebanon City Council on April 2 that he will research a proposed local ordinance aimed at limiting loitering by people with qualifying offenses in public areas frequented by minors, but he cautioned that constitutional and state‑law constraints require careful review.
"I want to be careful about this because I don't want to intrude upon things that are already codified by the revised code," Kirby said, noting there is "a lot of case law to go through." He described the basic idea as a local ordinance that would prohibit a person with a qualifying offense from loitering in public areas related to minor children, but stressed the need to ensure any local law would not conflict with state statutes or constitutional protections.
Kirby also described a separate operational improvement: prosecutors' use of Axon for body‑worn camera and dash‑cam evidence. He said Axon is available free for prosecutors’ regular version and will streamline discovery requests in court.
What’s next: Kirby said he will research relevant statutes and case law and report back to the council with recommendations and any draft language for council consideration.
