(A) Because of the increasing incidences of open one-on-one sales of controlled substances in public places, this section shall provide the city in its efforts to combat drug abuse and to regulate those activities which are detrimental to the health, safety and welfare of its citizens and to the peace and dignity of the city.
(B) For the purposes of this section, PUBLIC PLACE means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or the doorways and entrance ways to any building which fronts on any of those places, or a motor vehicle in or on any of those places, or any property owned by the city.
(C) For the 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 of the substances referred to in the North Carolina Controlled Substances Act, G.S. Ch. 90, Article 5, or has been convicted of any violation of any substantially similar laws of any political subdivision of this state, any other state or of federal law.
(D) It shall be unlawful for a person to remain or wonder about in a public place in a manner and under circumstances manifesting the purpose to engage in a violation of any subdivision of the North Carolina Controlled Substances Act, G.S. Ch. 90, Article 5. The circumstances shall include:
(1) Repeatedly beckoning to, stopping or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation;
(2) Repeatedly stopping or attempting to stop motor vehicles;
(3) Repeatedly interfering with the free passage of other persons;
(4) The person is a known unlawful drug user, possessor or seller;
(5) The person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful drug-related activity;
(6) The person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money or objects;
(7) The person takes flight upon the approach or appearance of a police officer;
(8) The person is at a location frequented by persons who use, possess or sell drugs; and/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.
(2009 Code, § 131.02) (Ord. passed 1-23-1996) Penalty, see § 100.99