(A) It shall be a violation of this subchapter for a person to loiter in a public place in a manner and under circumstances manifesting the purpose of illegally using, possessing, transferring or selling any cannabis or controlled substance, among the circumstances which may be considered in determining whether such a purpose is manifested are:
(1) The person is a known illegal user, possessor or seller of cannabis or controlled substance, or the person is loitering in a place frequented by persons who are known to illegally use, possess, transfer or sell cannabis or controlled substances;
(2) The person repeatedly attempts to stop or engage in conversation with passersby, whether the passersby are on foot or in a motor vehicle or other form of transportation, for the purposes of inducing, enticing, soliciting or procuring another to illegally possess, transfer or buy any cannabis or controlled substances; and/or
(3) The person repeatedly passes to or receives from passersby are on foot or in a motor vehicle or other form of transportation, money, objects or written material for the purposes of inducing, enticing, soliciting or procuring another to illegally possess, transfer or buy any cannabis or a controlled substance.
(B) A person shall not have violated this subchapter unless he or she demonstrates expressly or implicitly a specific intent to induce, entice, solicit or procure another to illegally possess, transfer or buy cannabis or a controlled substance.
(C) A peace officer may not arrest a person for violation of this subchapter unless the peace officer first offers the person an opportunity to explain his or her conduct.
(D) For the purposes of this section,
A KNOWN ILLEGAL USER, POSSESSOR OR SELLER OF CONTROLLED SUBSTANCES: is a person who, within one year previous to the date of arrest for violation of the section, has within the knowledge of the arresting officer been convicted of illegally manufacturing, using, possessing, selling, purchasing or delivering any controlled substance.
(Ord. G-139, passed 9-11-1995) Penalty, see § 13.10.999