(a) No person shall loiter or loaf on any sidewalk, street corner, vacant lot, parking lot or any public place or building within the City for the purpose of engaging in drug related activity or otherwise nor shall they conduct themselves in a manner creating a danger of a breach of peace or disturbing the comfort and repose of passers-by or occupants of the same or adjacent lots or buildings; nor shall any person loiter or load at any place described in this section and there obstruct, molest, threaten or interfere with other persons in any manner likely to cause such other person to fear for their safety.
(b) Among the factors that may be considered in determining whether the person’s manner or circumstance show an intent to engage in illegal drug-related activities include:
(1) The Place. The area where the person is loitering is an area of high drug activity or suspected activity; or the premises involved have been reported to city law enforcement officers to be a place suspected of illegal drug- related activity; and
(2) The Vehicle Involved. Any motor vehicle involved is registered to a known unlawful drug user, possessor, or seller or a person with any outstanding warrant for arrest for a crime involving unlawful drug-related activity; and
(3) The Person. The person loitering is:
A. A known or suspended drug user;
B. The person is acting as a “lookout” by repeatedly leading, directing or responding to others for no obvious lawful purpose; or
C. The person obviously tries to conceal himself, herself or some object that reasonably could be involved in unlawful drug-related activity; or
D. The person is known by law enforcement officers to be a member of a "gang” or association that is known by city law enforcement officers to be engaged in illegal drug activity; or
E. The person takes flight upon the appearance of a city police officer; or
F. The person is currently subject to an order prohibiting his/her presence in a high drug activity geographic area or suspected area; or
G. The person displays physical characteristics of drug intoxication or usage, including but not limited to "needle tracks"; or
H. The person is in possession of drug paraphernalia.
(c) Should any section, clause or provision of this ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decision shall in no way affect the validity of the remaining parts, save the part held unconstitutional and void is inseparable from the indispensable to the operation of the remaining part. Council hereby declares that they would have passed those parts which are valid and omitted those parts which might be invalid had they known at the time of the passage of this ordinance that such part or parts were void and unconstitutional. (11-7-17)