(A) Whenever a police officer observes one or more persons engaged in narcotics-related loitering in any public place designated for the enforcement of this section under division (B) below, the police officer shall:
(1) Inform all persons that they are engaged in loitering within an area in which the loitering is prohibited;
(2) Order all persons to disperse and removed themselves from within sight and hearing of the place at which the order was issued; and
(3) Inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further narcotics-related loitering within sight or hearing of the place at which the order was issued during the next three hours.
(B) The Chief of Police shall by written directive designate areas of the city in which enforcement of this section is necessary because the areas are frequently associated with narcotics-related loitering. Prior to making a determination under this division, the Chief of Police shall consult as he or she deems appropriate with persons who are knowledgeable about the effect of narcotics-related activity in areas in which this section may be enforced. The persons may include but need not be limited to members of the Police Department with special training or experience related to narcotics-related activity; other personnel of that Department with particular knowledge of narcotics-related activities in the proposed designated area; elected and appointed officials of the area; community-based organizations; and participants in the Neighborhood Watch Program who are familiar with the area. The Chief of Police shall develop and implement procedures for the periodic review and update of designations made under this division.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NARCOTICS-RELATED LOITERING. Remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to facilitate the distribution of substances in violation of the Cannabis Control Act, being ILCS Ch. 720, Act 550 or the Illinois Controlled Substances Act, being ILCS Ch. 720, Act 570.
PUBLIC PLACE. The public way and any other location open to the public, whether publicly or privately owned.
(D) Any person who fails to obey promptly an order issued under division (A) of this section or who engages in further narcotics-related loitering within sight or hearing of the place at which such an order was issued during the three-hour period following the time the order was issued, is subject to a fine of not less than $250 an not more than $700 for each offense, or imprisonment for not more than six months for second or subsequent offenses.
(Ord. 06-51, passed 11-28-2006)