(A) For the purposes of this section,
PUBLIC PLACE means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or the doorways and entranceways to any building which fronts on any of those places, or a motor vehicle in or on any of those places, or any property owned by the town.
(B) For the 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 in the past ten years of any violation involving the use, possession or sale of any of the substances referred to in the North Carolina Controlled Substances Act, G.S. Ch. 90, Article 5, or has been convicted of any violation of any substantially similar laws of any political subdivision of this state or of any other state or of federal law within the past ten years.
(C) It shall be unlawful for a person to remain or wander about in a public place for the purpose of violating any subdivision of the North Carolina Controlled Substances Act, G.S. Ch. 90, Article 5. Circumstances that may be considered in establishing a person’s purpose include, without limitation, the following:
(1) Repeatedly beckoning to, stopping, or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation;
(2) Repeatedly stopping or attempting to stop motor vehicles;
(3) Repeatedly interfering with the free passage of other persons;
(4) Such person is a known unlawful drug user, possessor or seller;
(5) Such person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money or objects;
(6) Such person takes flight upon the approach or appearance of a police officer;
(7) Such person is at a location frequented by persons who use, possess or sell drugs; or
(8) Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or is known to be or have been involved in drug-related activities.
(Ord. 14-8, passed 10-9-2014)