(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LOITER. To delay or linger without a lawful purpose while being in a public place, as is hereinafter defined, and for the purpose of committing a crime as may be discovered.
PUBLIC PLACE. An area open to the general 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 drinks, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(B) Prohibited acts.
(1) It shall be unlawful for any person to knowingly loiter in any public place in a manner and under circumstances manifesting the purpose of engaging in any illegally related drug activities and in particular contrary to any of the provisions of Act 368 of the Public Acts of Michigan of 1978, being MCL 333.7101 et. seq., as amended.
(2) Among circumstances that may be considered in determining whether such purpose is manifested are that the person:
(a) Is a known drug user, possessor, or seller. For purposes of this chapter, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession or sale of any of the substances referred to in Act 368 of the Public Acts of Michigan of 1978 being MCL 333.7101 et seq., as amended, or such person has been convicted of any violation of any of the provisions of said sections or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks"; or a person who possesses drug paraphernalia pursuant to §§ 136.30 et seq. of this Code;
(b) Is currently subject to an order prohibiting his or her presence in a high drug activity geographic area;
(c) Behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including by way of example only, acting as a "lookout" or hailing or stopping cars.
(d) Is physically identified by the officer as a member of a "gang", or association which has as its purpose illegal drug activity;
(e) Transfers small objects or packages for currency in a furtive fashion;
(f) Takes flight upon the appearance of a police officer;
(g) Tries to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;
(h) Is in an area that is known for unlawful drug use and trafficking;
(i) Is on or in premises that have been reported to law enforcement personnel as a place suspected of unlawful drug activity;
(j) Is within or near any vehicles registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.
(k) Uses signals or language indicative of summoning purchasers of illegal drugs.
(l) Repeatedly beckons to, stops, attempts to stop, or engage in conversations with passersby, whether or not on foot or in a motor vehicle, indicative of summoning purchasers of illegal drugs.
(m) Repeatedly passes to or receives from passersby, whether or not on foot or in a motor vehicle, money or small objects.
(3) The list of circumstances, as aforestated, is not exclusive. The aforestated circumstances should be particularly salient if they occur in an area that is known for unlawful drug use and trafficking, or if they occur on premises that have been reported to law enforcement personnel as a place suspected of unlawful drug activity. Any other relevant circumstances may be considered in determining whether a person is engaging in a drug related activity. Moreover, no one circumstance or combination of circumstances is in itself determinative of whether a person is engaging in drug related activity. Whether or not a person is loitering for the purpose of engaging in any illegally related drug activities must be determined based on an evaluation of the particularized circumstances of each case.
(Ord. 754, passed 7-1-96) Penalty, see § 136.99