(a) No person shall loiter in or near any street, premises open to the public, or any public or private place in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of Ohio R.C. Chapter 2925 or this chapter.
(b) Among the circumstances which may be considered in determining whether such purpose is manifested are:
(1) Such person is a known unlawful drug user, possessor or seller. As used herein, “known unlawful drug user, possessor or seller” is a person who has, within the knowledge of the arresting law enforcement officer, been convicted in any court of this State of any violation involving the use, possession or sale of a drug of abuse as defined in Ohio R.C. Chapter 2925 or this chapter, or such person has been convicted of any violation of any of the provisions of Ohio R.C. Chapter 2925 or this chapter or of a substantially similar law or ordinance of this or any other state or of any other political subdivision of this or any other state; or a person who displays physical characteristics of drug intoxication, or usage;
(2) Such person is currently subject to a court order prohibiting his presence in a significant unlawful drug-related activity geographic area;
(3) Such person acts in such a manner as to raise a reasonable suspicion that he is about to or is then engaged in unlawful drug-related activity;
(4) Such person is physically identified by or is known by the law enforcement officer as a member of an association of persons which has as its purpose unlawful drug-related activity;
(5) Such person transfers objects or packages in a furtive manner;
(6) Such person takes flight or manifestly endeavors to conceal himself upon the appearance of a law enforcement officer;
(7) Such person manifestly endeavors to conceal any object or thing which reasonably could be involved in unlawful drug-related activity;
(8) Such person possesses any instrument, article or thing whose customary or primary purpose is for the sale, administration or use of a drug of abuse;
(9) The area involved is known to the law enforcement officer to be an area of unlawful drug use and/or trafficking;
(10) The premises involved are known to the law enforcement officer as a place of unlawful drug-related activity;
(11) Any vehicle involved is registered to a person known by the law enforcement officer to be a drug of abuse user, possessor or seller, or a person for whom there is an outstanding arrest warrant for a crime involving unlawful drug-related activity.
(c) If any provision of this section is held invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision, or the application thereof, which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
(d) Whoever violates this section is guilty of loitering for the purpose of engaging in drug-related activity, a misdemeanor of the third degree.
(Ord. 90-83. Passed 10-15-90.)