A. Purpose: Persons loitering in, on or near any thoroughfare or place open to the public or near any public or private place with the intent to buy, sell, transfer, possess or use illegal drugs pose a serious threat to the health, safety and welfare of citizens, including neighboring residents and passersby. Because of the increasing danger that such activity creates, this section is needed to protect the public health, safety and welfare.
B. Prohibition: It is 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 and under circumstances manifesting the intent to engage in drug related activity contrary to any of the provisions of title 58, chapters 37, 37a, 37b, or 37c, Utah Code Annotated.
C. Manifestation Of Intent: Among the circumstances which may be considered in determining whether such intent 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" is a person who has been convicted in any court within this state of any violation involving the use, possession or sale of any of the substances referred to in title 58, chapters 37, 37a, 37b, or 37c, Utah Code Annotated, 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"; or a person who possesses drug paraphernalia as defined in title 58, chapter 37a, Utah Code Annotated;
2. Such person is currently subject to an order prohibiting his/her 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";
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 for currency in a furtive fashion;
6. Such person takes flight upon the appearance of a police officer;
7. Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug related activity;
8. The area involved is by public repute known to be an area of unlawful drug use and trafficking;
9. The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to section 58-37-14, Utah Code Annotated; or
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.
D. Penalties: A violation of this section is a class B misdemeanor, and upon conviction shall be punishable as set forth in title 1, chapter 4, article A of this code.
(Ord. 2007-54, 7-17-2007)