A. Loitering Prohibited: It shall be unlawful for any person to loiter in or near any thoroughfare, place open to the public or near any public or private place in a manner under circumstances manifesting the purpose to engage in drug related activity contrary to any of the provisions of this Code or the State of Illinois Criminal Code, as amended.
B. Determination: Among the circumstances which may be considered in determining whether such purpose is “manifested” shall include, but not be limited to:
1. Such person is a known unlawful drug user, possessor or seller. For purposes of this provision, 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 within this State of any violation involving the use, possession or sale of any of the controlled substances referred to in the Illinois Criminal Code, as amended, or such person who has been convicted of any violation of the provisions of said Illinois Criminal Code, as amended, or substantially similar laws of any political subdivision of this State or of any other state; or a person who displays the physical characteristics of drug intoxication or usage, such as “needle tracks” or a person who possesses drug paraphernalia as defined in the Illinois Criminal Code, as amended; or
(1987 Code § 14-10)
2. Such person is currently subject to an order prohibiting their presence in a high drug activity geographic area; or
3. Such person behaves in a manner as to raise reasonable suspicion that they are 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
4. Such person is physically identified by the officer as a member of a "gang" or association which has, as one of its purposes, illegal drug activity; or
5. Such person transfers small objects or packages for currency in a secret manner; or
6. Such person takes flight upon the appearance of a police officer; or
(1987 Code § 14-10)
7. Such person manifestly endeavors to conceal upon themselves any object which reasonably could be involved in an unlawful drug related activity; or
8. The area involved is by public repute known to be an area of unlawful drug use and trafficking; or
9. The premises involved have been reported to law enforcement as a place of suspected gang activity; or
10. 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, hand scales, hypodermic needles, razor blades or other cutting tools; or
11. 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. Penalty: Any person violating this section shall be fined according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties, for each offense and be responsible for the City's cost of prosecution, including attorney fees incurred by the City. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to any property damaged or destroyed or person injured.
(1987 Code § 14-10) (amd. Ord. 19-1186, 2-18-2019; Ord. 22-40, 6-20-2022)