§ 133.07  LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED ACTIVITY.
   (A)   It is unlawful for any person to loiter in or near a thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances that warrant a reasonable person to believe that the person is manifesting the purpose to engage in drug-related activity contrary to any provisions of: The Illinois Controlled Substances Act, ILCS Ch. 720, Act 570, §§ 100 et seq. as amended; the Illinois Cannabis Control Act, ILCS Ch. 720, Act 550, §1 et seq. as amended; chapters 139 and 140, inclusive, of the Code of Ordinances of the City of Danville, Illinois; or any other local, state or federal law prohibiting the manufacture, distribution, delivery, use, or possession of a controlled substance (hereinafter referred to as the "Drug Laws").
   (B)   Among the circumstances which may be considered in determining whether such purpose is "manifested" are the following:
      (1)   Such person is a known unlawful drug user, possessor, or seller. For 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 of any violation involving the use, possession or sale of any of the substances referred to in the drug laws or such person has been convicted of any of the provisions of said drug laws or substantially similar laws of any political subdivision of this state or of any other state or jurisdiction; or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks"; or a person who possesses drug paraphernalia as defined in the Illinois Drug Paraphernalia Control Act;
      (2)   Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in unlawful drug-related activity, including by way of example only, such person acting as a "lookout";
      (3)   Such person is physically identified by the officer as a member of a "gang" or association which has as its purpose illegal drug activity;
      (4)   Such person transfers small objects or packages for currency in a furtive fashion;
      (5)   Such person takes flight upon the appearance of a police officer;
      (6)   Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in unlawful drug-related activity;
      (7)   The area involved is by public repute or within the knowledge of the arresting officer known to be an area of unlawful drug use and trafficking; or
      (8)   The premises involved are known by public repute or within the knowledge of the arresting officer to have been reported to law enforcement as a place suspected of drug activity.
   (C)   Whenever a police officer observes one or more persons engaged in activity prohibited under subsection (A) in any public place designated for the enforcement of this section under subsection (D), the police officer shall:
      (1)   Inform all such persons that they are engaged in loitering within an area in which such loitering is prohibited;
      (2)   Order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and
      (3)   Inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further prohibited activity within sight or hearing of the place at which the order was issued during the next three hours.
   (D)   The Director of Public Safety or his designee shall by written directive designate areas of the city in which enforcement of this section is necessary because the areas are frequently associated with loitering for the purpose of engaging in drug-related activity. Prior to making a determination under the subsection, the Director of Public Safety or his designee shall consult as he or she deems appropriate with persons who are knowledgeable about the effects of narcotics-related activity in areas in which the ordinance may be enforced. Such persons may include, but need not be limited to, members of the police department with special training or experience related to narcotics-related activity; other personnel of the Department or other Agency with particular knowledge of narcotics-related activities in the proposed designated area; elected and appointed officials of the area; and community-based organizations. The Director of Public Safety or his designee shall develop and implement procedures for the periodic review and update of designations made under this subsection.
   (E)   Any person convicted of a violation of this section shall be fined not less than $100 nor more than $1,000. In addition to any fine imposed hereunder, the offender shall be ordered to pay all costs and fees incurred by the city in its prosecution of the offense, which shall include but not be limited to the costs associated with an administrative adjudication proceeding or court proceeding, and reasonable attorney's fees.
(Ord. 8112, passed 7-5-00; Am. Ord. 8476, passed 4-4-06)