The existence of any of the following conditions within the corporate limits is hereby declared loitering for the purpose of engaging in drug-related activity.
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
KNOWN UNLAWFUL DRUG USER, POSSESSOR OR SELLER. A person who has, within the knowledge of the arresting officer, been convicted in any court within the state of any violation involving the use, possession or sale of any of the substances referred to in the state’s Controlled Substances Act, G.S. Ch. 90, Art. 5, or has been convicted of any violation of any substantially similar laws of any political subdivision of the state, or of any other state, or of federal law.
PUBLIC PLACE. Any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or the doorways and entranceways to any building which fronts on any of those places, or a motor vehicle in or on any of those places, or any property owned by the town.
(B) It shall be unlawful for a person to remain or wander about in a public place in a manner and under circumstances manifesting the purpose to engage in a violation of any subdivision of the state’s Controlled Substances Act, G.S. Ch. 90, Art. 5. Those circumstances shall include:
(1) Repeatedly beckoning to, stopping or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation;
(2) Repeatedly stopping or attempting to stop motor vehicles;
(3) Repeatedly interfering with the free passage of other persons;
(4) The person is a known unlawful drug user, possessor or seller;
(5) The person behaves in a manner so as to raise a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful drug-related activity;
(6) The person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money or objects;
(7) The person takes flight upon the approach or appearance of a police officer;
(8) The person is at a location frequented by persons who use, possess or sell drugs; or
(9) Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or is known to be or have been involved in drug-related activities.
(Ord. passed 12-4-1995) Penalty, see § 10.99
Statutory reference:
Authority to prohibit acts detrimental to public health, safety or welfare, see G.S. § 160A-174