It shall be unlawful for any person, whether on foot or in a motor vehicle, to: wander, remain or prowl in a public place with the purpose of unlawfully obtaining or distributing a controlled substance or controlled substance analog; and engage in conduct that, under the circumstances, manifests a purpose to obtain or distribute a controlled substance or controlled substance analog. It shall not be a defense to the prohibitions of this section that the accused attempted but was unsuccessful in accomplishing the criminal purpose.
(a) A person, whether on foot or in a motor vehicle, commits a disorderly person offense, if (s)he wanders, remains or prowls in a public place with the purpose of unlawfully obtaining or distributing a controlled substance or controlled substance analog; and engages in conduct that, under the circumstances, manifests a purpose to obtain or distribute a controlled substance or controlled substance analog.
(b) Conduct that may, if warranted under the circumstances, be deemed adequate to manifest a purpose to obtain or distribute a controlled substance or controlled substance analog includes, but is not limited to conduct such as the following:
(1) Repeatedly beckoning to or stopping pedestrians or motorists in a public place;
(2) Repeatedly passing objects to or receiving objects from pedestrians or motorists in public place;
(3) Repeatedly circling in a public place in a motor vehicle and on one or more occasions passing any object to or receiving any object from a person in a public place.
(c) The element of the offense described in subsection (b)(1) of this section may not be established solely by proof that the actor engaged in the conduct that is used to satisfy the element described in subsection (b)(2) hereof.
(Ord. 2000-12. Passed 5-15-00.)