(A) (1) For the purpose of this section,
PUBLIC PLACE means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or the doorways and entrance ways to any building which fronts on any of those places, or a motor vehicle in or on any of those places or any property owned by the Town of Fairmont.
(2) For the 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 within this state of any violation involving the use, possession or sale of any of the substances referred to in the North Carolina Controlled Substances Act, G.S. § 90-5, or has been convicted of any violation of any substantially similar laws of any political subdivision of this state or of any other state or of federal law.
(3) It shall be unlawful for a person to remain or wander about in a public place in a manner and under circumstances manifesting the purpose to engage in a violation of any subdivision of the North Carolina Controlled Substances Act, G.S. § 90-5. Circumstances shall include:
(a) Repeatedly beckoning to, stopping or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation;
(b) Repeatedly stopping or attempting to stop motor vehicles;
(c) Repeatedly interfering with the free passage of other persons;
(d) The person is a known unlawful drug user, possessor or seller;
(e) The person behaves in a manner as to raise a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful drug-related activity;
(f) The person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money or objects;
(g) The person takes flight upon the approach or appearance of a police officer;
(h) The person is at a location frequented by persons who use, possess or sell drugs; or
(i) Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or is known to be or have been involved in drug-related activities.
(4) A violation of any provisions of this section shall subject the offender to the penalties set forth in § 10.99 of this code of ordinances.
(1988 Code, § 20-11)
(B) (1) A person commits a violation if he or she loiters or prowls in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify himself or herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect’s escape.
(2) It shall be unlawful for any person, after first being warned by a police officer, or where a “no loitering” sign or signs have been posted, to loiter, stand, sit or lie in or upon any public or quasi-public sidewalk, street, curb, crosswalk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct or prevent free access to the entrance to any building open to the public.
(3) For the purpose of this section,
PUBLIC PLACE has the following definition unless the context clearly indicates or requires a different meaning: an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, including those which serve food or drink or provide entertainment and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(Ord. passed 6-15-2004) Penalty, see § 10.99
Statutory references:
Enforcement of ordinances, see G.S. § 160A-175
Similar provisions, see G.S. §§ 160A-174 and 14-4