A. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED SUBSTANCE. Has the same meaning as that term has in Ohio R.C. § 3719.01(C).
LOITER. To sit, stand, pace or otherwise remain within 200 feet of the location first observed within one hour.
PUBLIC PLACE. Any area of property, either publicly owned or to which the public has access. The term shall specifically include, but not be limited to, a street, sidewalk, alley, park, playground, parking lot or garage, the doorway or entrance to any building that fronts such a location, and a motor vehicle that is parked or idling in such a location.
UNLAWFUL DRUG-RELATED ACTIVITY. Conduct which constitutes an offense defined in Ohio R.C. Chapter 2925; conduct which constitutes complicity to commit such an offense by, for example, acting as a lookout; or conduct which constitutes conspiracy to commit such an offense.
(B) Offense. It shall be unlawful for any person to loiter in a public place with the intention of engaging in unlawful drug-related activity.
(C) Police officer observation. A police officer who observes a person loitering under circumstances which provide the officer with a reasonable basis to believe that the person intends to engage in unlawful drug-related activity may detain the individual for the purpose of investigating whether the person is in violation of division (B).
(D) Police officer may not detain. A police officer may not detain an individual under division (C) unless both of the following elements are satisfied.
(1) The person engages in one or more of the following behaviors:
(a) The person passes or receives from passers-by, bystanders or person in motor vehicles money, objects having characteristics consistent with controlled substances, and/or an envelope, bag or other container which could reasonably contain such objects or money;
(b) The person conceals or attempts to conceal an object having characteristics consistent with controlled substances and/or an envelope, bag or other container which could reasonably contain such objects;
(c) The person flees or obscures himself or herself upon seeing law enforcement officers;
(d) The person communicates the fact that law enforcement officers are in the vicinity to another person in a manner which suggests that the communication is a warning; and/or
(e) The officer observes the person in possession of any instrument or object which is customarily used in the sale, administration or use of controlled substances.
(2) One of the following factors applies:
(a) The officer is aware that, within the preceding three years, the person has been convicted or found delinquent of an offense defined in Ohio R.C. Chapter 2925, of complicity to commit such an offense, or of conspiracy to commit such an offense within the preceding three years;
(b) The officer has knowledge of a specific tip concerning unlawful drug-related activity at a specific location, and the person who is loitering is doing so at a time, in a place or in a manner that is otherwise reasonably similar to the details provided in the tip;
(c) The person is loitering in an area that is known by the officer to have a reputation for unlawful drug-related activity;
(d) The person is in an area where he or she is prohibited by court order from being, and the officer is aware of the court order;
(e) The officer knows that the person has previously been convicted under this section, or other similar state or municipal provision; or
(f) Any vehicle the person has approached or communicated with is registered to an individual who has been convicted of an unlawful drug-related activity in the previous three years, and the officer is aware of that fact.
(E) Opportunity for explanation. Upon detaining a person pursuant to division (C), a police officer must afford the person an opportunity to explain his or her conduct or otherwise to dispel the officer's suspicion. No person shall be convicted upon trial if it appears that the officer failed to do so, and no person shall be convicted upon trial if it appears that the explanation he or she provided the office at the scene is true and disclosed a lawful purpose.
(F) Procedure. If a police officer who detains a person pursuant to division (C) develops probable cause to believe that the person is in violation of division (B), the officer shall order the person to immediately leave the location and to remain at least 500 feet away from the location for five hours. In the event that the person refuses to comply with such an order, the police officer may arrest the person and charge him or her with a violation of this section.
(G) Penalty.
(1) Whoever violates this section is guilty of loitering with the intention of engaging in unlawful drug-related activity, a misdemeanor of the fourth degree.
(2) If any offender has previously been convicted under this section, violation of this section is a second degree misdemeanor.
(Ord. 2003-O-43, passed 9-22-2003)