(A) Whenever a police officer observes 1 or more persons engaged in narcotics-related loitering in any public place designated for the enforcement of this section under division (B), the police officer shall inform all such persons that they are engaged in loitering within an area in which such loitering is prohibited; order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further narcotics-related loitering within sight or hearing of the place at which the order was issued during the next 3 hours.
(B) The Chief of Police shall by written directive designate areas of the Village in which enforcement of this section is necessary because the areas are frequently associated with narcotics-related loitering. Prior to making a determination under this division, the Chief shall consult as he or she deems appropriate with persons who are knowledgeable about the effects of narcotics-related activity in areas in which the ordinance may be enforced. Such persons may include, but need not be limited to, members of the Department of Police with special training or experience related to narcotics-related activity; other personnel of that department with particular knowledge of narcotics-related activities in the proposed designated area; elected and appointed officials of the area; community-based organizations; and participants in the Maywood Community Alternative Policing Strategy who are familiar with the area. The Chief shall develop and implement procedures for the periodic review and update of designations made under this division.
(C) As used in this section:
(1) NARCOTICS-RELATED LOITERING means remaining in any 1 place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to facilitate the distribution of substances in violation of the Cannabis Control Act (720 ILCS 550) or the Illinois Controlled Substances Act (720 ILCS 570).
(2) PUBLIC PLACE means the public way and any other location open to the public, whether publicly or privately owned.
(D) (1) Any person who fails to obey promptly an order issued under division (A), or who engages in further narcotics-related loitering within sight or hearing of the place at which such an order was issued during the 3-hour period following the time the order was issued, is subject to a fine of not less than $100 and not more than $500 for each offense, or imprisonment for not more than 6 months for each offense, or both. A second or subsequent offense shall be punishable by a mandatory minimum sentence of not less than 5 days imprisonment.
(2) In addition to or instead of the above penalties, any person who violates this section may be required to perform up to 120 hours of community service pursuant to any community service program established or authorized by this Code.
(Ord. C0-02-10, passed 4-15-2002)