What to Do If Someone Is Loitering on Your Private Property: Effective Prevention Tips

Loitering is a common issue for many property owners. Although it may initially appear insignificant, it can lead to frustrations, increased risk, and even financial losses, particularly for business owners.

Loitering.

Loitering may seem trivial at first, but it can escalate quickly. If left unchecked, it may lead to further criminal activity and increased liability. A proactive approach is key to preventing loitering from becoming a bigger problem. Allow a couple of teenagers on Monday, and you may have five on Tuesday, and then 10 by the end of the week. Loitering breeds more loitering. It’s best to be proactive and consistent.

But what exactly is loitering, and how can we prevent and deal with it?

What constitutes loitering and how to identify it?

Loitering is typically governed by local ordinances rather than federal or state laws. However, most jurisdictions have regulations in place to prevent loitering and its potential consequences.

In simple terms, loitering is hanging around in a specific location for an extended period without any apparent purpose. But what constitutes ‘purpose’ can vary based on local laws and the specific situation. “Without purpose” is key. Stepping outside of a bar for a cigarette is not loitering. Leaning against a fence to watch a little league baseball game is not loitering.

For example, kids hanging out in a parking lot or in front of a convenience store without any clear purpose can create discomfort for legitimate customers and lead to safety concerns. This behavior can also increase the risk of potential incidents, affecting the overall atmosphere of the area.

It may seem rather benign, and it very well might be sometimes, but loitering on private property is often a precursor to more serious issues. These could include public drinking, vandalism, drug dealing, begging, harassment, prostitution, and robbery.

But is it a criminal offense?

Is loitering considered a crime? Understanding the legal aspects

The short answer: It depends.

In some jurisdictions, loitering is considered a criminal offense, often categorized under disorderly conduct. For example, loitering with the intent of committing a crime is prohibited by local laws in several states. It is more common to see it described as loitering with the intent of committing a crime.

In California, for example, it is a misdemeanor crime under penal code 647(h) for anyone:

Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, “loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.

Falling under the umbrella of disorderly conduct, a conviction is punishable by a fine of up to $1,000 and/or jail time of up to one year.

It’s difficult to find any reason for loitering on private property other than criminal intent, and local laws reflect that. But making something illegal doesn’t necessarily stop it from happening, as we all know too well.

How to prevent loitering on your private property

When it comes to safety and security, it’s better to be proactive rather than reactive. Anticipate and mitigate. So how can you prevent loitering before it happens? You protect yourself, your property, and your business as though it’s going to happen.

And remember, it is easier to discourage loitering in the first place than it is to stop it once individuals have settled on a spot. Be consistent and take a zero-tolerance approach.

Display ‘No Loitering’ signs

One of the most effective, low-cost solutions is to display clear ‘No Loitering’ signs. This serves as a legal notice and removes any ambiguity regarding what is allowed on your property. Adding ‘Violators will be prosecuted’ or ‘Police enforced’ can further emphasize the seriousness of your stance. Go a step further and add “Violators will be prosecuted” or “Police enforced.” These hammer home the idea that you take the protection of your property and business seriously and won’t stand idly by while crime happens. If your municipality has a specific regulation against loitering on the books, mention that ordinance by name.

An effective sign makes it crystal clear that:

• loitering is prohibited,
• loitering is a crime, and
• those loitering will be dealt with to the full extent of the law.

A sign is often enough to make would-be loiterers move on to another location with no such signage. As a bonus, police can intervene on your behalf if they see people hanging around under or by a “no loitering” sign, whereas they need probable cause that a crime may take place before acting without such a sign.

Increase lighting for better visibility

Proper lighting around your property is crucial. Bright, well-lit areas deter loiterers and reduce opportunities for other criminal activities. Criminals tend to avoid well-lit areas, making it an effective crime prevention strategy. Criminals prefer to operate under the cover of darkness, so eliminate dark corners, stairwells, and parking areas.

Proper lighting makes it less difficult to see what’s going on for you, passers-by, the authorities, and any security cameras you have installed (more on that below).

Hang a sign, and light it up.

Control access to your property

Access control is a powerful tool in preventing loitering. By using natural borders like fences, gates, or shrubs, you can clearly define where people are allowed to go and reduce the opportunity for loitering.

For example, someone standing in front of a window may arouse suspicion, but they may not. However, someone standing in a flower bed in front of that same window will definitely stick out. They shouldn’t be there, and that’s obvious to even the most casual observer.

Control access to the places people may congregate, and you’ll reduce loitering before it happens. Strangers have to ignore the signs, fences, and borders in order to loiter. That makes it that much easier for you to ask them to leave or notify the authorities.

Territorial reinforcement: create a strong sense of ownership

Territorial reinforcement is based on the principle that a well-maintained property discourages loitering. If the area is clean, well-lit, and regularly maintained, it sends a strong message that the space is actively protected and monitored.

Remove graffiti as soon as it appears. Replace burnt-out light bulbs immediately. Clear trash and other debris.

If it looks run-down if not abandoned, few will care if they notice a group loitering there. But if it’s well-lit and clean with obvious upkeep, it’s a very loud signal to everyone that this space belongs to someone and that they are invested in protecting it and keeping it safe.

Creative solutions for loitering prevention

Creative solutions can also be effective in preventing loitering. Some businesses have used techniques like playing classical music or broadcasting sounds that deter loiterers, while others use specialized lighting to make areas less appealing.

Some convenience stores have experimented with playing classical music out front, which seems to keep teenagers from setting up shop. Others have tried broadcasting a continuous tone at a frequency only heard by those under 20 years of age, with similar results.

In Calgary, Canada, local police services have had success using energy-efficient low-pressure sodium (LPS) lighting in areas frequented by prostitutes. These bulbs give an unattractive paleness to anyone underneath them. Exposure for longer than 20 minutes can also trigger headaches in some people.

The trick is to find something that works and does not negatively affect legitimate customers or visitors. So experiment.

How to handle loiterers on your property

No matter what steps you take to prevent it, you may still have to deal with loitering. Nothing is 100% effective 100% of the time. So what do you do then?

Treat loiterers with respect regardless of whether it’s a group of teenagers, a homeless individual, or other adults. Aggression will usually be met with aggression, and you don’t want to escalate the situation and put yourself or your staff in danger. If you’ve hung a sign and people choose to ignore it, you can calmly and quietly remind them that loitering is not allowed and ask them to move on. That should be enough in a perfect world.

But it’s not a perfect world, and you may not want to approach the group. You could call the police, but depending on how busy they are, they may not be much help for such a low-priority request.

If it’s available, and you can afford it, hire security personnel or a mobile patrol. They can more adequately handle loitering when they see it. However, that may be prohibitively expensive. A more affordable but no less powerful option is to install security cameras with professional monitoring.

Use security cameras for monitoring and deterrence

Visible security cameras, either wired or wireless, are one of the most effective deterrents to loitering. They not only discourage loiterers but also provide valuable evidence if an incident occurs. With Deep Sentinel’s live surveillance, security guards are notified by intuitive AI and can assess the situation in real-time.

With Deep Sentinel, live security surveillance guards are notified by intuitive AI. They can then assess the situation, intervene via 2-way audio—instructing the loiterers to disperse—and/or notify the authorities as a last resort. And all of that happens within 30 seconds.

Cameras deter unwanted behavior while live guards deal with the situation as it occurs. You’re covered, 24/7.

Whether at home or your business, loitering on your private property is bound to happen at some point. A “No Loitering” sign, a security camera with live monitoring, and adequate lighting are your best defense and offense.

Stop loitering before it happens, and deal with it professionally and humanely when it does.