(a) No person shall loiter or any sidewalk, street corner, vacant lot or any public place or building.
(1975 Code Sec. 12-30)
(b) No person, not a student in regular attendance, shall loiter in or about any school, school building or school grounds in violation of any posted rules or regulations governing the use of any such school without written permission from the principal.
(WVaC 61-6-14a)
(c) For the purpose of this section, “public place” means 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 City.
(1) For the purpose of this section, a “known unlawful drug user, possessor or seller” is a person who has, within the knowledge of the investigating or arresting officer, 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 the West Virginia Controlled Substances Act Chapter 60(a) of the West Virginia State Code or its subparts, or has been convicted of any violation of any substantially similar laws of any political subdivision of this state or any other state or federal law.
(2) It shall be unlawful for a person to remain or wander about in a public place in a manner and under circumstances manifesting the purpose to engage in a violation of any subdivision part thereof of the Uniform Control Substance Act/Chapter 609(a) of the West Virginia Code as last amended. Such circumstances shall include:
A. Repeatedly backing to, stopping, or attempting to stop passers-by or repeatedly attempting to engage passers-by in conversation; or
B. Repeatedly stopping or attempting to stop motor vehicles; or
C. Repeatedly interfering with the free passage of other persons; or
D. Such person is a known unlawful drug user, possessor or sellor; or
E. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful drug-related activity; or
F. Such person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money or objects; or
G. Such person takes flight upon the approach or appearance of a police officer; or
H. Such person is at a location frequented by persons who use, possess, or sell drugs; or
I. 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.
(3) If any provision of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof.
(Passed 6-12-00.)