(a) No person shall loiter or remain in or near any public thoroughfare or place open to the public, and engage in conduct which reasonably manifests his or her specific intent and purpose to engage in drug-related activity contrary to any of the provisions of Chapter 2925 of the Ohio Revised Code.
(b) The circumstances which shall be considered to determine whether such intent or purpose has been manifested, and two or more of which must be found under circumstances in which the activity of the person reasonably manifests his or her specific intent and purpose to engage in drug-related activity contrary to any of the provisions of Chapter 2925 of the Ohio Revised Code are:
(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” means a person who, within the knowledge of the arresting officer, has been convicted in any court within the State of Ohio of any violation involving the use, possession or sale of any controlled substance as defined in Chapter 2925 of the Ohio Revised Code, or such person has been convicted of any violation of any of the provisions of the Ohio Revised Code or substantially similar laws of any subdivision of the Ohio Revised Code or substantially similar laws of any political subdivision of the State of Ohio, or any other state;
(2) Such person displays the physical characteristics of drug intoxication;
(3) Such person is currently subject to a court order prohibiting his or her presence in a high drug activity geographic area and said fact is known to the arresting officer;
(4) Such person repeatedly passes to or receives from passers-by or bystanders money and/or objects, the characteristics of which are consistent with drug material; the possession, sale and distribution of which is proscribed or limited by Chapter 2925 of the Ohio Revised Code, whether such passers-by or bystanders are on foot or in a motor vehicle;
(5) Such person takes flight, or manifestly endeavors to conceal himself or herself upon the appearance of a law enforcement officer;
(6) Such person manifestly endeavors to conceal any object, the characteristics of which are consistent with drug material; the possession, sale and distribution of which are as proscribed or limited by Chapter 2925 of the Ohio Revised Code, and reasonably appears to have been involved in unlawful drug-related activity;
(7) A law enforcement officer observes such person in possession of any instrument, article or thing, the customary or primary use of which is the sale, administration, or use of a controlled substance; such as, but not limited to: crack pipes, push wires, chore boys, blunts, hand scales, or hypodermic needles, and which is uniquely designed, constituted or modified for such use;
(8) The area involved is by public reputation and to the knowledge of the arresting officer an area within which unlawful drug use and trafficking occurs on a frequent and regular basis. Probable cause shall not be established, and an arrest pursuant to this section shall not be justified solely on the basis that this person is present within such an area absent the existence of other circumstances which justify the arrest; and
(9) The premises involved are known to the person, who is suspect, to have been reported to law enforcement authorities as a place of drug activity under Chapter 2925 of the Ohio Revised Code, and the existence of that knowledge is known by the arresting officer. Knowledge of the person, who is suspect, shall be presumed in instances where the person, who is suspect, has previously been advised of such fact by any law enforcement officer, or the person, who is suspect, has previously been personally cited or warned for any violation of Chapter 2925 of the Ohio Revised Code or Chapter 513 of the Codified Ordinances of the City of Fostoria, Ohio, that occurred at said premises.
(c) The race or ethnic background of a person and/or the racial or ethnic makeup of the area or neighborhood within which he or she is located shall not be considered in determining his or her specific intent under this section.
(d) No person shall be arrested under this section until he or she has been afforded the opportunity by the law enforcement officers to explain his or her activity, and to indicate to officers why he or she should not be construed to manifest specific purpose and intent of illegal drug activity. This opportunity shall be exercised by the person at his or her option, and nothing herein shall be interpreted so as to require the person to make any statement to officers. The failure of a person to avail himself or herself of said opportunity shall not be construed or utilized as a factor in the determination of his or her specific intent and purpose to engage in illegal drug activity.
(e) If any provision of this section is held to be invalid, such invalidity shall not affect any other provisions of the same, 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.
(f) Whoever violates this section is guilty of drug activity loitering, a misdemeanor of the fourth degree. (Ord. 01-32. Passed 4-3-01.)