A. It is unlawful for any person to loiter in or near any thoroughfare, or place open to the public, for the purpose of engaging in activity contrary to any of the provisions of the "Illinois Controlled Substance Act", 720 Illinois Compiled Statutes 570/100 et seq., as amended, the "Illinois Cannabis Control Act", 720 Illinois Compiled Statutes 550/1 et seq., as amended, or any other local, state or federal law prohibiting the manufacture, distribution, delivery, use or possession of a controlled substance (hereinafter "drug laws").
B. Among the circumstances which may be considered in determining whether such purpose is manifested are the following:
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" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state or any other state of any violation involving the use, possession, or sale of any of the substances referred to in the drug laws within the previous year, or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks", or a person who possesses drug paraphernalia as defined in the "Illinois Drug Paraphernalia Control Act", 720 Illinois Compiled Statutes 600/1 et seq.;
2. Such person is currently subject to an order of court prohibiting his or her presence in a high drug activity geographic area and such person is located in such an area;
3. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including, but not limited to, such person acting as a "lookout";
4. Such person is a known member of a "gang" or association which has as its purpose illegal drug activity; for purposes of this Section, a "known" member of a "gang" is a person, who has, within the knowledge of the arresting officer, been convicted in any court, within the previous year, of any violation involving illegal gang activity;
5. Such person transfers small objects or packages for currency in a furtive fashion;
6. Such person takes flight upon the appearance of a police officer;
7. Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity.
C. No determination of intent shall be made absent an affirmative act by the person to be charged, which act or acts, when taken in context of the totality of the surrounding circumstances, shall constitute a substantial step towards the violation of the aforementioned "drug laws". (Ord. 92-24, 5-14-1992)