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(a) No person shall loiter either on foot or in a motor vehicle, or on, or in any other means of conveyance or transportation, on or about any highway, road, street, thoroughfare, alley, sidewalk or other public place and/or on or about any place which is open to the public in a manner and under circumstances manifesting the purpose of soliciting another person to purchase, obtain, sell, transfer, use or otherwise possess any drug of abuse, controlled substance or dangerous drug. Circumstances which may be considered in determining whether such purpose is manifested may include, but are not limited to the following:
(1) The person is a known illegal user, possessor or seller of controlled substances or narcotics or drugs, or the person is at a location(s) frequented by persons who illegally use, possess, transfer or sell controlled substances or narcotics or drugs; or
(2) Such person repeatedly beckons to, stops or attempts to stop, or engages persons in conversation; or repeatedly stops or attempts to stop motor vehicle operators by hailing, waiving of arms or any other bodily gesture, or repeatedly approaches a stationary motor vehicle(s) or repeatedly attempts to engage occupants of a stationary motor vehicle(s) in conversation; or if operating a motor vehicle or other means of transportation, the person stops or attempts to entice others to or into the motor vehicle and/or other means of transportation.
(b) No arrest shall be made for a violation of this section unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this section if it appears at trial that the explanation was true and disclosed a lawful purpose.
(c) Whoever violates this section is guilty of loitering for the purpose of engaging in illegal drug/narcotic activity, a misdemeanor of the first degree.
(Ord. 85-93. Passed 7-26-93.)