513.15 LOITERING TO ENGAGE IN DRUG-RELATED ACTIVITY.

   (a)   No person shall loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of Ohio R.C. Chapter 2925.

   (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" means 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 Ohio R.C. Chapter 2925 or such person has been convicted of any violation of any of the provisions of such chapter of the Ohio Revised Code 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, burned or calloused thumb and index fingers, underweight and nervous and excited behavior;

      (2)   Such person is currently subject to a court order prohibiting his presence in a high drug activity geographic area;

      (3)   Such person 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, 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 or packages in a furtive fashion;

      (6)   Such person takes flight or manifestly endeavors to conceal himself upon the appearance of a police officer;

      (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 premises involved are known to the defendant to have been reported to law enforcement as a place of drug activity pursuant to Ohio R.C. Chapter 2925;

      (10)   Any vehicle involved 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. 91-249. Passed 9-3-91.)