(a) No person shall loiter or remain in or near any public thoroughfare or place open to the public, and engage in conduct which reasonably manifests his or her specific intent and purpose to engage in drug-related activity contrary to any of the provisions of Chapter 2925 of the Ohio Revised Code.
(b) The circumstances which shall be considered in determining whether such intent or purpose has been manifested, and two or more of which must be found under circumstances in which the activity of the person reasonably manifests his or her specific intent and purpose to engage in drug-related activity contrary to any of the provisions of Chapter 2925 of the Ohio Revised Code are:
(1) Such person is a known unlawful drug user, possessor or seller. For purposes of this section, a “known unlawful drug user, possessor, or seller” means a person who, within the knowledge of the arresting officer, has been convicted in any court within the State of Ohio of any violation involving the use, possession, or sale of any controlled substance as defined in Chapter 2925 of the Ohio Revised Code, or such person has been convicted of any violation of any of the provisions of the Ohio Revised Code or substantially similar laws of any political subdivision of the State of Ohio, or of any other state;
(2) Such person displays the physical characteristics of drug intoxication;
(3) Such person is currently subject to a court order prohibiting his or her presence in a high drug activity geographic area, and said fact is known to the arresting officer;
(4) Such person is physically identified by an officer as a member of a “gang”, or association which has as its purpose illegal drug activity;
(5) Such person repeatedly passes to or receives from passers-by or bystanders money and/or objects, the characteristics of which are consistent with drug material the possession, sale and distribution of which is proscribed or limited by Chapter 2925 of the Ohio Revised Code, whether such passers-by or bystanders are on foot or in motor vehicles;
(6) Such person takes flight, or manifestly endeavors to conceal himself or herself upon the appearance of the police;
(7) Such person manifestly endeavors to conceal any object, the characteristics of which are consistent with drug material the possession, sale and distribution of which is proscribed or limited by Chapter 2925 of the Ohio Revised Code, and reasonably appears to have been involved in unlawful drug-related activity;
(8) Such person to the observation of officers possesses any instrument, article or thing, the customary or primary use of which is the sale, administration, or use of controlled substances, such as, but not limited to, crack pipes, push wires, chore boys, hand scales, or hypodermic needles, and which is uniquely designed, constituted or modified for such use;
(9) The area involved is by public repute and to the knowledge of the arresting officer an area within which unlawful drug use and trafficking occurs on a frequent and regular basis. Probable cause shall not be established, and an arrest pursuant to this section shall not be justified solely on the basis that the person is present within such an area absent the existence of other circumstances which justify the arrest; and
(10) The premises involved are known to the person to have been reported to law enforcement authorities as a place of drug activity under Chapter 2925 of the Ohio Revised Code, and the existence of that knowledge is known by the arrresting officer.
(c) The race or ethnic background of a person and/or the racial or ethnic makeup of the area or neighborhood within which he or she is located shall not be considered in determining his or her specific intent under this section.
(d) No person shall be arrested under this section until he or she has been afforded the opportunity by the law enforcement officers to explain his or her activity, and to indicate to officers why the same should not be construed to manifest specific purpose and intent of illegal drug activity. This opportunity shall be exercised by the person at his or her option, and nothing herein shall be interpreted so as to require the person to make any statement to officers. The failure of a person to avail himself or herself of said opportunity shall not be construed or utilized as a factor in the determination of his or her specific intent and purpose to engage in illegal drug activity.
(e) Within a period not to exceed thirty days after the effective date of this section, an Anti-Drug Loitering Ordinance Review Committee shall be appointed by the City Commission of the City of Sandusky, Ohio. Said Committee shall be composed of three qualified electors of the City of Sandusky, Ohio who shall not be officers or employees of the City of Sandusky, Ohio, and one member who shall be an officer or employee of the City of Sandusky, Ohio, all of whom shall be appointed by the City Commission of the City. The initial terms of the members of the Committee shall be one, two and three years. Thereafter, the members of the Committee shall be appointed to three-year terms. Vacancies on the Committee shall be filled in the manner of initial appointments, and any member so appointed shall serve the balance of the term of the vacancy. The Committee may adopt such rules for its procedure as it deems appropriate, and which are not in conflict with the Charter and ordinances of the City of Sandusky, Ohio. Said Committee shall compile and maintain records and statistics on the number of arrests made under this section, and convictions and other dispositions which result from said arrests, and the manner of enforcement of the same, with particular reference to any way in which this section may be disparately utilized and enforced on the basis of the racial or ethnic background of individuals, or the racial or ethnic makeup of areas or neighborhoods. The Committee, at the conclusion of each calendar quarter, and at such other times as it deems appropriate, shall make reports to the City Commission as to the implementation and enforcement of this section, its use, its effectiveness, and any way in which this section has been disparately utilized or enforced on the basis of the racial or ethnic background of individuals, or the racial or ethnic makeup of areas or neighborhoods. The Committee shall have no authority to hear and/or mediate complaints lodged in relation to the enforcement or use of this section, but shall refer all such complaints lodged in relation to this section to the Human Relations Commission of the City for further review, mediation, and report. Each of the three members of the Committee during his or her tenure as a member thereof shall be a member of the Human Relations Commission of the City of Sandusky, Ohio, and the membership in either body shall not affect his or her concurrent membership in the other body.
(f) If any provision of this section is held to be invalid, such invalidity shall not affect any other provision of the same, 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.
(g) Whoever violates this section is guilty of loitering for the purpose of engaging in drug-related activity, a misdemeanor of the fourth degree.
(Ord. 95-063. Passed 4-24-95.)