622.16 LOITERING IN AID OF DRUG OFFENSES.

   (a)   No person, with purpose to commit or aid the commission of a drug abuse offense, shall loiter in any public place, and do any of the following:

      (1)   Repeatedly beckon, stop, attempt to stop or engage passers-by or pedestrians in conversation;

      (2)   Repeatedly stop or attempt to stop motor vehicles; or

      (3)   Repeatedly interfere with the free passage of other persons.

   (b)   No person, with purpose to commit or aid the commission of a drug abuse offense, shall loiter in any public place.

   (c)   For purposes of this section, the term “drug abuse offense” is defined in the same manner as set forth in Section 622.01(g), and also include any violation of substantially equivalent offenses under this chapter, and the term “controlled substances” is defined in the same manner as set forth in Section 622.01(b).

   (d)   For purposes of this section, the term “loiter” means to resort to, remain or wander about in an idle manner essentially in one place, and shall include the concepts of spending time idly, or sitting, standing or walking about aimlessly.

   (e)   For purposes of this section, the term “public place” means an area of property, either publicly owned or to which the public has access, and includes, but is not limited to, streets, alleys, sidewalks, rights of way, bridges, plazas, parks, driveways, parking lots, transportation facilities or other places open to the public, the doorways, entrances, porches, passageways and roofs to any such building which fronts on any of the aforesaid places, or motor vehicles in or upon such places.

   (f)   In determining the purpose of an offender under this section the Court shall consider all relevant surrounding circumstances, which may include, but are not limited to, the following factors in addition to the overt acts set forth in subsection (a) hereof:

      (1)   That the person has been convicted or been found delinquent for a drug abuse offense within three years preceding the arrest.

      (2)   That the person is loitering and directing pedestrians or motorists through words, hailing, waving of arms, pointing, signaling or other bodily gesture to a person or premises where controlled substances are possessed or sold.

      (3)   That the person is loitering and has an electronic device, walkie-talkie or beeper within 100 yards of a person or premises where controlled substances are possessed or sold.

      (4)   Any statement by the offender.

   (g)   No arrest shall be made for a violation of this section until the arresting officer first requests and affords such person an opportunity to explain such conduct, and no person shall be convicted upon trial if it appears that the explanation rendered is true and, considering the surrounding circumstances, disclosed a lawful purpose.

   (h)   Whoever violates this section is guilty of loitering in aid of drug offenses, a misdemeanor of the fourth degree for a first offense and a misdemeanor of the second degree for any subsequent offense. Punishment shall be as provided in Section 698.02.

(Ord. 1989-45. Passed 12-12-89.)