(A) It shall be a violation of this subchapter for a person to loiter in a public place in a manner and under circumstances manifesting the purpose of illegally using, possessing, transferring or selling any cannabis or controlled substance. Among the circumstances which may be considered in determining whether such a purpose is manifested are:
(1) The person is a known illegal user, possessor, or seller of cannabis or controlled substance, or the person is loitering in a place frequented by persons who are known to illegally use, possess, transfer, or sell cannabis or controlled substances; and
(2) The person repeatedly attempts to stop or engage in conversation with passersby, whether such passersby are on foot or in a motor vehicle or other form of transportation, for the purposes of inducing, enticing, soliciting, or procuring another to illegally possess, transfer, or buy any cannabis or controlled substances; or
(3) The person repeatedly passes to or receives from passersby, whether such passersby are on foot or in a motor vehicle or other form of transportation, money, objects or written material for the purposes of inducing, enticing, soliciting or procuring another to illegally possess, transfer or buy any cannabis or a controlled substance.
(B) A person shall not have violated this subchapter unless he demonstrates expressly or implicitly a specific intent to induce, entice, solicit, or procure another to illegally possess, transfer or buy cannabis or a controlled substance.
(C) A peace officer may not arrest a person for violation of this subchapter unless the peace officer first offers the person an opportunity to explain his conduct.
(D) For the purposes of this section, a
KNOWN ILLEGAL USER, POSSESSOR, OR SELLER OF CONTROLLED SUBSTANCES is a person who, within one year previous to the date of arrest for violation of the section, has within the knowledge of the arresting officer been convicted of illegally manufacturing, using, possessing, selling, purchasing, or delivering any controlled substance.
(E) Any person found to have violated any provision of this section shall be fined not less than $50 nor more than $500 for each offense.
(Ord. 767, passed 7-19-93)