(A) Prohibition. No person shall 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 purpose to engage in drug-related activity contrary to any of the provisions of ILCS Ch. 410.
(B) Among the circumstances which may be considered in determining whether the purpose is manifested are:
(1) The person is a known unlawful drug user possessor or seller. For purposes of this section, 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 controlled substance as defined in ILCS Ch. 410, or the person has been convicted of any violation of any of the provisions of the chapter or substantially similar laws of any political subdivision of this state or of another state; or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks,” burned or callused thumb and index fingers, underweight, nervous and excited behavior;
(2) The person is currently subject to a court order prohibiting his or her presence in a high drug activity geographic area;
(3) The person behaves in 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 the person acting as a “lookout” or hailing or stopping cars;
(4) The person is physically identified by the officer as a member of a “gang” or association which has as its purpose illegal drug activity;
(5) The person transfers small objects or packages in a furtive fashion;
(6) The person takes flight or manifestly endeavors to conceal himself or herself upon the appearance of a police officer;
(7) The person manifestly endeavors to conceal any object which reasonable could be involved in an unlawful drug-related activity;
(8) The 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, push wires, chore boys, hand scales, hypodermic needles, razor blades or other cutting tools;
(9) The area involved is by public repute known to be an area of unlawful drug use and trafficking;
(10) The premises involved are known to the defendant to have been reported to law enforcement as a place if drug activity pursuant to ILCS Ch. 410; and
(11) Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or a person for whom there is any outstanding warrant for a crime involving drug-related activity.
(C) If any division of this section is held invalid, the invalidity shall not affect any other provision, or the application thereof, which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
(1980 Code, § 31.145) Penalty, see § 136.99