(a) A person commits an offense if he loiters in a public place in a manner and under circumstances manifesting the purpose of selling any illegal controlled substance, dangerous drug, simulated controlled substance, or volatile chemical. Among the circumstances that may be considered in determining whether such a purpose is manifested are:
(1) the person is a known drug dealer;
(2) the person is at a location frequented by persons who use, possess, or sell drugs;
(3) the person repeatedly engages in conversation with passers-by, whether on foot or in a vehicle; or
(4) the person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money, objects, or written material.
(b) No arrest shall be made for a violation of Subsection (a) unless the arresting officer first affords the person an opportunity to explain his conduct, and no one shall be convicted of violating Subsection (a) if it appears at trial that the explanation given was true and disclosed a lawful purpose.
(c) For the purpose of this section, a “known drug dealer” is a person who, within one year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted of the manufacture, sale, or delivery of any illegal controlled substance, dangerous drug, simulated controlled substance, or volatile chemical. (Ord. Nos. 20052; 20076)