§ 130.01 LOITERING FOR THE PURPOSE OF DRUG TRAFFICKING PROHIBITED.
   (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’s Controlled Substances Act, G.S. Chapter 90, Article 5, 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 of federal law.
      PUBLIC PLACE. Any street, sidewalk, parking lot or transportation, or the doorways and entrance ways to any building which front on any of those places, or a motor vehicle in or on any of those places, or any property owned by the town.
   (B)   Prohibited activity. It shall be unlawful for a person to remain or wander about in a pubic place in a manner as to raise a reasonable suspicion that the person is about to engage in or is engaged in any unlawful drug-related activity and under circumstances manifesting the purpose to engage in a violation of any subdivision of the state’s Controlled Substances Act, G.S. Chapter 90, Article 5. Such circumstances shall include, but not be limited to, any one or more or all of the following:
      (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 engages in an unlawful drug related activity;
      (6)   Such person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money or objects;
      (7)   Such person takes flight upon the approach or appearance of a police officer;
      (8)   Such person is at a location frequented by persons who use, possess, or sell drugs; or
      (9)   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, § 8-1001) (Ord. passed 8-24-1970; Ord. passed 4-10-2003) Penalty, see § 130.99