(a) No person shall loiter in or near any thoroughfare or place open to the public, or near any public or private place, with the purpose, and in a manner and under circumstances manifesting the purpose, to engage in drug-related activity contrary to any of the provisions of R.C. Chapter 2925 or Chapter 624.
(b) Among the circumstances which may be considered in determining whether such purpose is manifested are:
(1) Such person is a known unlawful 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 controlled substance, as defined in § 624.01, or such person has been convicted of any violation of any of the provisions of R.C. Chapter 2925 or Chapter 624 or substantially similar laws of any political subdivision of this state or of any other state.
(2) Such person is currently subject to a court order prohibiting his or her presence in a high drug activity geographic area;
(3) Such person behaves in such a manner as to constitute reasonable grounds for belief 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, such person acting as a lookout or hailing or stopping cars;
(4) Such person is physically identified by the officer as a member of a gang or association which has as its purpose illegal drug activity;
(5) Such person transfers small objects, packages or money in a manner as to constitute reasonable grounds for belief that he or she is about to engage in or is then engaged in an unlawful drug-related activity;
(6) Such person takes flight or manifestly endeavors to conceal himself or herself upon the appearance of a police officer in order to avoid detection of illegal drug activity;
(7) Such person manifestly endeavors to conceal any object which reasonably could be involved in an unlawful drug-related activity;
(8) Such person possesses any instrument, article or thing whose customary or primary purpose is for the sale, administration or use of controlled substances such as, but not limited to, crack pipes, push wires, chore boys, hand scales, hypodermic needles, razor blades or other cutting tools;
(9) The area involved is by public repute known to be an area of unlawful drug use and trafficking, being an area where there have been a substantial number of contacts made to the Police Department concerning drug activity or where there are a substantial number of drug-related arrests;
(10) The premises involved with a person loitering as prohibited herein are known to the defendant to have been reported to law enforcement as a place of drug activity pursuant to R.C. Chapter 2925 or Chapter 624.
(11) Any vehicle involved with a person loitering as prohibited herein is 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.
(c) If any provision of this section is held invalid, such invalidity shall not affect any other provision, or the application thereof, which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
(d) Whoever violates this section is guilty of loitering for the purpose of engaging in drug- related activity, a misdemeanor of the fourth degree.
(Ord. 236-91. Passed 10-21-91.)