§ 130.08  LOITERING FOR DRUG ACTIVITY.
   (A)   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 the state of any unlawful drug activity, or convicted of any substantially similar activity under the laws of any other state, or a person who displays physical characteristics of drug intoxication or usage, including but not limited thereto such things as needle tracks, or persons arrested within two years while in the possession of illegal controlled substances or drug paraphernalia.
      UNLAWFUL DRUG ACTIVITY.  Any act or conduct declared to be unlawful under the provisions of Cal. Health & Safety Code §§ 11350 through 11400 and such amendments thereto as may hereafter be adopted.
   (B)   It is unlawful for any person to loiter in, on, or near any thoroughfare or place open to the public or place open to public view in a manner and under circumstances manifesting a purpose of engaging in unlawful drug activity.
   (C)   Among the circumstances that may be considered in determining whether a person has violated this section based upon the knowledge and personal observations of the arresting officer are the following:
      (1)   The person is a known unlawful drug user, possessor, or seller.
      (2)   The person is in the company of or inside or near a vehicle registered to a known unlawful drug user, possessor, seller, or a person for whom there is an outstanding warrant for unlawful drug activity.
      (3)   The person is currently subject to an order prohibiting his or her presence in a drug area or prohibiting the person from being in the company of a known drug user, possessor, or seller.
      (4)   The person behaves in a manner as to raise reasonable suspicion that he or she is seeking to engage in or is about to engage in any unlawful drug activity, including by way of example only acting as a lookout, making gestures or statements to motorists or pedestrians known to represent invitations to purchase or sell drugs, or exchanging small objects or packages with another person in a furtive manner.
      (5)   The person is identified as a member of a criminal street gang as defined in Cal. Penal Code § 186.22(f) or a group which has, among its members, known unlawful drug users, possessors, or sellers.  The method of identification may include but is not limited to the wearing of distinctive clothing or insignias.
      (6)   The person attempts to conceal himself or herself from the observation of the arresting officer or conceals or disposes of any object which reasonably could be involved in the conduct of any unlawful drug activity.
(`67 Code, § 7-3-7)  (Ord. 99-02, passed 3-8-99)  Penalty, see § 130.99