(a) No person, with purpose to commit or aid in the commission of a drug abuse offense, shall loiter in any public place, and do any of the following:
(1) Repeatedly beckon, stop, attempt to stop or engage passers-by or pedestrians in conversation; or
(2) Repeatedly stop or attempt to stop motor vehicles; or
(3) Repeatedly interfere with the free passage of other persons.
(b) No person, with purpose to commit or aid in the commission of a drug abuse offense, shall loiter in any public place.
(c) For purposes of this section, the term "drug abuse offense" is defined in the same manner as set forth in Ohio R.C. 2925.01(H) and also includes any violation of substantially equivalent offenses under this chapter, and the term "controlled substances" is defined in the same manner set forth in Ohio R.C. 3719.01(D).
(d) For purposes of this section, the term "loiter" means to resort to, remain or wander about in an idle manner essentially in one place and shall include the concepts of spending time idly, or sitting, standing or walking about aimlessly.
(e) For purposes of this section, the term "public place" means an area of property, either publicly owned or to which the public has access, and includes but is not limited to streets, alleys, sidewalks, rights-of-way, bridges, plazas, parks, driveways, parking lots, transportation facilities, or other place open to the public, the doorways, entrances, porches, passageways, and roofs to any such building which fronts on any of the aforesaid places, or motor vehicles in or upon such places.
(f) In making a determination that a person is loitering or remaining about any public place 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 person has been convicted or been found delinquent for a drug abuse offense within the three years preceding the arrest;
(2) The person is loitering and directing pedestrians or motorists through words, hailing, waiving of arms, pointing, signalling or other bodily gesture, to a person or premises where controlled substances are possessed or sold;
(3) The person is loitering and has an electronic device, walkie-talkie or beeper within 100 yards of a person or premises where controlled substances are possessed or sold;
(4) The person being observed is engaging in any of the following: 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;
(5) Information from a reliable source indicating that the person being observed routinely distributes illegal drugs or is currently engaging in illegal drug-related activity;
(6) Such person is physically identified by a police officer as a member of a "gang" or association which engages in illegal drug activity;
(7) Such person is a 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 a drug abuse offense; or a person who displays physical characteristics of drug intoxication or usage, such a dilated pupils, glassy eyes or "needle tracks"; or a person who possess drug paraphernalia;
(8) 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 crime involving drug-related activity; or
(9) Such person is present in a notorious drug trafficking location or where a disproportionately high occurrence of illegal drug activity or violent crimes related thereto have occurred.
(g) No arrest shall be made for a violation of this section until the arresting officer first requests and affords such person an opportunity to explain such conduct, and no person shall be convicted upon trial if it appears that the explanation rendered is true and considering the surrounding circumstances disclosed a lawful purpose.
(h) Whoever violates this section is guilty of loitering in aid of drug offenses, a misdemeanor of the fourth degree. If any offender has previously been convicted under this section, violation of this section is a misdemeanor of the second degree.
(Ord. 193-1991. Passed 12-2-91.)