The Safety-Service Director (i.e., the Police Chief) is empowered to certify zones within the village as drug free zones, based upon the criteria set forth herein.
(A) It is unlawful for any person to loiter about or remain at any public way, public place or place open or legally accessible to the public within a certified drug free zone, as herein provided for the purpose of engaging in drug-related activity that is prohibited by any of the provisions of Ohio R.C. §§ 2925.01 et seq., as amended, relating to the manufacture, distribution, sale, possession, or administration of substances covered therein.
(B) In making a determination that a person is loitering about or remaining at any public way, public place or place open or legally accessible to the public within a certified drug free zone, as herein provided, for the purpose of engaging in prohibited drug-related activity, the totality of the circumstances involved shall be considered. Among the circumstances which may be considered in determining whether such purpose is manifested are:
(1) The conduct of the person being observed, including, by way of example only, that such person is be having in a manner raising a reasonable belief that the person is engaging or is about to engage in illegal drug activity such as the observable distribution of small packages to other persons, the receipt of currency for the exchange of a small package, operating as a “lookout,” warning others of the arrival of police, fleeing without other apparent reason upon the appearance of a police officer, concealing himself or herself or any object which reasonably may be connected to unlawful drug-related activity, or engaging in any other conduct normally associated by law enforcement agencies with the illegal distribution or possession of drugs;
(2) Information from a reliable source indicating that the person being observed routinely distributes illegal drugs within the drug free zone;
(3) Information from a reliable source indicating that the person being observed is currently engaging in illegal drug-related activity within the drug free zone;
(4) Such person is physically identified by the officer as a member of a “gang” or association which engages in illegal drug activity;
(5) Such person is known unlawful drug user, possessor, or seller. 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 of any violation of a referenced provision of the referenced state code involving the regulation, use, possession, purchase, or sale of any of the substances referred to therein, or convicted of violating a substantially similar provision of federal law or such law or any other jurisdiction; or a person who displays physical characteristics of drug intoxication or usage, such as dilated pupils, glassy eyes or “needle tracks” or a person who possesses drug paraphernalia as defined in Ohio R.C. §§ 2925.01 et seq.;
(6) Such person has no other apparent lawful reason for loitering or remaining in the drug free zone (e.g., such as waiting for a bus or being near one's own residence); and
(7) Any vehicle involved in the observed circumstances is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding arrest warrant for a crime involving drug-related activity.
(C) A police officer shall first request a person suspected of loitering under this section within a drug free zone to leave the premises. Failure to obey the police officer shall subject the person to arrest.
(D) Certified drug free zones shall be created and enforced as follows.
(1) Those sections of the village certified as such by the Safety-Service Director (i.e., the Police Chief), including but not limited to identifiable segments of streets, alleys, walkways, parks, recreation centers, schools, bus stations, train depots, taxi stands, commercial parking lots, places of public accommodation and convenience, public housing complexes and public access areas in residential apartment structures. The Police Chief may establish, alter, recertify, or terminate such certification from time to time, but any such certification will expire three months from the date of its issuance. A certified drug free zone is a geographical area of certification unless recertified for an additional three months prior to expiring. The Safety-Service Director shall cause to be disseminated to all police enforcement personnel a current list of certified drug free zones.
(2) To determine whether to certify an area as a “drug free zone,” the Safety-Service Director shall consider the following:
(a) Reporting crime accepted and relied upon by law enforcement agencies which indicate a disproportionately high occurrence of illegal drug possession or distribution activity in the proposed drug free zone;
(b) One homicide or more than one instance of violent crime verified to have been related to the possession or distribution of illegal drugs committed within the previous six-month period within the proposed drug free zone;
(c) Arrests or other statistical criteria that indicate illegal drug activity is occurring in an area listed in division (1) above or any other identifiable area legally accessible to the public; law enforcement agencies that indicate to the Safety-Service Director that the health or safety or residents that live in or near the proposed drug free zone are endangered by the possession or distribution of illegal drugs.
(d) Any other verifiable information accepted prior to such certification to the Mayor, and the President and members of the Village Council of the specific area to be certified including the boundaries of the area and the date when the certification will begin.
(3) Prior to certifying or recertifying a drug free zone, the Safety-Service Director shall:
(a) Cause to be published at least one week prior of the certified drug free zone, the date certification will begin and end, and a phone number to call for additional information.
(b) Provide written notice, not less that one week prior to certification, which informs the community in and surrounding the area to be certified of such certification including by way of example: use of mass media, publication in community newsletters or newspapers in general circulation in the village, meetings with community groups and citizens, notification at community relations councils or any other means deemed appropriate.
(c) Post at least three days prior to certification a notice in the area to be certified establishing the boundaries thereof.
(E) Penalty. Any person who violates the provisions of this section is guilty of a misdemeanor of the fourth degree, and upon conviction shall be subject to imprisonment for not more than 30 days or a fine of $250.
(1995 Code, § 138.14) (Ord. 90-O-56, passed 11-14-1990)