(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
KNOWN UNLAWFUL DRUG USER, POSSESSOR OR SELLER. A person who has been convicted in any court within this state of any crime involving the use, possession or sale of any substance referred to in the North Carolina Controlled Substances Act, G.S. §§ 90-86 et seq., or has been convicted of any violation of any substantially similar law of any other state or of the United States.
PUBLIC PLACE. Any public street, public highway, public sidewalk, public vehicular area (as defined in G.S. § 20-4.01), public park and/or plaza, other publicly owned or leased property, public transportation facility, school and school grounds or property, common areas of apartment and condominium communities, common areas of public housing projects, any place of business or amusement which is open to the public, any private property which adjoins any of the above-described areas and to which the public has ready access, any other property which is open to the public, whether publicly or privately owned, and any motor vehicle in or on the above-described areas.
REPEATEDLY. Three or more times.
(B) Prohibited; violation determination. It shall be unlawful for a person to remain or wander about in a public place for the purpose of engaging in a violation of any provision of the North Carolina Controlled Substances Act, G.S. §§ 90-86 et seq. The following conduct or factors can be considered in determining whether a person is remaining or wandering in a public place for the purpose of violating any provision of G.S. §§ 90-86 et seq.:
(1) Repeatedly beckoning to, stopping or attempting to stop passers-by or attempting to engage passers-by in conversation;
(2) Repeatedly stopping or attempting to stop motor vehicles;
(3) Repeatedly interfering with the free passage of other persons;
(4) Being a known unlawful drug user, possessor or seller;
(5) Repeatedly passing to or receiving from passers-by, whether on foot or in a vehicle, money or objects;
(6) Attempting to flee or evade a police officer;
(7) Being at a location frequented by persons who use, possess or sell controlled substances;
(8) Occupying a vehicle which is registered to a known unlawful drug user, possessor or seller or which has been recently involved in illegal drug-related activity; or
(9) Stopping, conversing with the occupant of, handing money or any other object to the occupant of or receiving money or any object from the occupant of a vehicle which is registered to a known unlawful drug user, possessor or seller or which has been recently involved in illegal drug-related activity.
(C) Possible arrest; penalty. No arrest or charge is permitted hereunder unless the circumstances establish probable cause to believe that the person intended to violate one or more of the provisions of G.S. §§ 90-86 et seq. A violation of any provision of this section shall subject the offender to the penalties set forth in § 10.99.
(1995 Code, § 32-2) Penalty, see § 130.99