(a) Definitions. Except where specifically defined herein, all words used in this section shall carry their customary meanings.
(1) Known prostitute or panderer means any person who, within 1 year prior to the date of arrest for a violation of this section has, within the knowledge of the arresting officer, been convicted of violating any law defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution.
(2) Known unlawful drug user, possessor or seller means any person who has, within the knowledge of the arresting officer, been convicted in any court within the State of South Carolina of any violation involving the use, possession or sale of any of the substances referred to in S.C. Code, §§ 44-53-110 et seq.; or who has been convicted of any violation of any of the provisions of that law or substantially similar laws of the County of Greenville; or a person who displays physical characteristics of drug intoxication or usage including, but not limited to, dilated pupils, glassy eyes, slurred speech, loss of coordination or motor skills, or a person who possesses drug paraphernalia as defined in S.C. Code, § 44-53-110.
(3) Loiter means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
(4) Lookout means one who uses signals or language to warn others that law enforcement officers are in the area.
(5) Other illegal sexual activity means sexual activity prohibited by the common law or statutes of the State of South Carolina other than prostitution.
(6) Prostitution means an act of sexual intercourse or sodomy between 2 persons, not married to each other, in return for the payment of money or other valuable consideration by 1 of them, or for favors.
(7) Public Place means an area open to the public or exposed to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, motor vehicles, 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.
(b) Prohibitions. It shall be unlawful for any person to loiter in any public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution or other illegal sexual activity. It shall also be unlawful for any person to loiter in any public place in a manner and under circumstances manifesting the purpose and with the intent to engage in illegal drug-related activity.
(1) Among the circumstances that may be considered in determining whether a person manifests the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution or other illegal sexual activity are that the person:
(a) Is a known prostitute or panderer.
(b) Repeatedly beckons to, stops or attempts to stop passersby, or engages passersby in conversation.
(c) Repeatedly stops or attempts to stop motor vehicle operators by hailing them or gesturing to them.
(2) Among the circumstances that may be considered in determining whether a person has the requisite intent to engage in illegal drug-related activity are that the person:
(a) Is a known unlawful drug user, possessor or seller.
(b) Has been given due notice, either verbal or written, on any occasion prior to any arrest, within 1 block of the area where the arrest occurred, or such person is currently subject to an Order or term of probation prohibiting his presence in a high drug activity geographic area.
(c) Behaves in such a manner as to raise a reasonable suspicion that such person is engaging or about to engage in an unlawful drug-related activity, either sale, possession or purchase, including, by way of example only, such person acting as a lookout.
(d) Is physically identified by the law enforcement officer as a member of a gang or association that has as its principal purpose illegal drug activity.
(e) Transfers small objects or packages for currency or any other thing of value in a furtive fashion that would lead the law enforcement officer to believe or ascertain that a drug sale has or is about to occur.
(f) Takes flight upon the appearance of a law enforcement officer.
(g) Tries to conceal himself or herself or any object that reasonably could be involved in an unlawful drug-related activity.
(h) Uses a vehicle that is registered to a person who is a known unlawful drug user, possessor or seller or is registered to a person for whom there is an outstanding arrest warrant for a crime involving illegal drug-related activity.
(3) The list of circumstances set forth in subdivisions (1) and (2) of this Section are not exclusive. The circumstances set forth in subdivisions (1) and (2) should be considered particularly salient if they occur in an area that is known for prostitution, other illegal sexual activity, and/or unlawful drug-related activity, or if they occur on or in premises that have been reported to law enforcement as a place suspected of prostitution, other illegal sexual activity, and/or unlawful drug-related activity. Any other relevant circumstances may be considered in determining whether a person has the requisite intent. Moreover, no 1 circumstance or combination of circumstances is in itself determinative of intent. Intent must be determined based on an evaluation of the particular circumstances of each case.
(c) Penalty. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor and shall be punished within the jurisdictional limits of magistrate’s court.
(Ord. 3686, passed 5-6-2003)