§ 130.09 LOITERING FOR PURPOSE OF ENGAGING IN DRUG-RELATED ACTIVITY.
   (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, 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 substances referred to in the State Controlled Substances Act, G.S. §§ 90-86 et seq., or has been convicted of any violation of any substantially similar laws of any political subdivision of this state or of any other state or federal law.
      PUBLIC PLACE. Any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot, or transportation facility, or the doorways and entranceways to any building which fronts on any of those places, or a motor vehicle in or on any of those places, or any property owned by the town.
   (B)   Regulation. It shall be unlawful for a person to remain on or wander about in a public place in a manner and under circumstances manifesting the purpose or intent to engage in a violation of any subdivision of the State Controlled Substances Act, G.S. §§ 90-86 et seq. Such circumstances shall include, but not be limited to:
      (1)   Repeatedly beckoning to, stopping, or attempting to stop passersby, or repeatedly attempting to engage passersby in conversation;
      (2)   Repeatedly stopping or attempting to stop motor vehicles;
      (3)   Repeatedly interfering with the free passage of other persons;
      (4)   Such person is a known unlawful drug user, possessor, or seller;
      (5)   Such person repeatedly passes to or receives from passersby, whether on foot or from a vehicle, money, or other objects;
      (6)   Such person takes flight upon the approach or appearance of a law enforcement officer or vehicle;
      (7)   Such person remains at or wanders about a location frequented by persons who use, possess, or sell drugs; or
      (8)   Any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or is known to be or have been involved in drug-related activities.
(Prior Code, § 130.10) (Ord. passed 9-19-1995) Penalty, see § 130.99