(A) No person shall loiter in or near any thoroughfare, place open to the public, or any public or private place, in a manner and under circumstances manifesting a purpose to engage in drug-related activity contrary to any of the provisions of Ohio R.C. Ch. 2925 or of this chapter.
(B) The circumstances which may be considered in determining whether such purpose, as described in division (A) above, is manifested are as follows:
(1) Such person is a known unlawful drug user, possessor or seller. For purposes of this section, a
KNOWN UNLAWFUL DRUG USER, POSSESSOR OR SELLER means a person who has, within the knowledge of the arresting officer, been convicted in any court within the state for any violation involving the use, possession or sale of any controlled substance, as defined in Ohio R.C. Ch. 2925 or § 624.01 of this chapter; or a person who has been convicted of any violation of any of the provisions of Ohio R.C. Ch. 2925 or substantially equivalent laws of any political subdivision of the state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks”, burned or calloused thumbs and index finders, weight loss and nervous and excited behavior;
(2) Such person is currently subject to a court order prohibiting his or her presence in a high drug activity geographic area;
(3) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including, by way of example only, such person acting as a “lookout” or hailing or stopping cars;
(4) Such person is physically identified by the officer as a member of a “gang” or association which has as its purpose illegal drug activity;
(5) Such person transfers small objects or packages in a furtive fashion;
(6) Such person takes flight or manifestly endeavors to conceal himself or herself upon the appearance of a police officer;
(7) Such person manifestly endeavors to conceal any object which reasonably could be involved in an unlawful drug-related activity;
(8) Such person possesses any instrument, article or thing whose customary or primary purpose is for sale, administration or use of controlled substances, such as, but not limited to, crack pipes, push wires, chore boys, hand scales, hypodermic needles, razor blades or other cutting tools;
(9) The area involved is by public repute known to be an area of unlawful drug use and trafficking;
(10) The premises involved are known to the defendants to have been reported to law enforcement as a place of drug activity pursuant to Ohio R.C. Ch. 2925; and
(11) Any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.
(C) Whoever violates this section is guilty of loitering for the purpose of engaging in drug-related activity, a misdemeanor of the fourth degree.
(Ord. 255-1989, passed 12-11-1989)