(a) It is unlawful for any person to loiter in or near any thoroughfare, place open to the public or near any public or private place in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of the Codified Ordinances.
(b) Among the circumstances, which may be considered in determining whether such purpose is manifested are:
(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,” is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession or sale of any of the substances referred to in the Codified Ordinances, or such person has been convicted of any violation of any of the provisions of said Codified Ordinances or substantially similar laws of any political subdivision of this State or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or a person who possesses drug paraphernalia as defined in the Codified Ordinances.
(2) Such person is currently subject to an order prohibiting his/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”.
(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 for currency in a furtive fashion.
(6) Such person takes flight upon the appearance of a police officer.
(7) Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity.
(8) The area involved is by public repute known to be an area of unlawful drug-related activity.
(9) The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to the Codified Ordinances.
(10) 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) Two or more of the above circumstances must be present for determination of probable cause.
(d) Any person who violates the provisions of this section is guilty of a misdemeanor of the fourth degree on the first offense; on the second offense, such person is guilty of a misdemeanor of the second degree.
(Ord. 90-8393. Passed 6-6-90.)