509.09 LOITERING OR REMAINING IN A PUBLIC PLACE FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED ACTIVITY.

   (a)   Prohibition. 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)   Circumstances. The circumstances which shall be considered in determining whether such intent or purpose has been manifested, and three 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)   The 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, within the knowledge of the arresting officer, has been convicted in any court in 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 the 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)   The person displays the physical characteristics of drug intoxication;

      (3)   The person is currently subject to a court order prohibiting his or her presence in a high drug activity geographic area, and that fact is known to the arresting officer;

      (4)   The person is physically identified by an officer a as member of a gang or association which has as its purpose illegal drug activity;

      (5)   The 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 the passers-by or bystandards are on foot or in motor vehicles;

      (6)   The person takes flight or manifestly endeavors to conceal himself or herself upon the appearance of the police;

      (7)   The 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)   The person to the observation of the officer possesses any instrument, article or thing, the customary or primary use of which is the sale, administration, or use of controlled substances, including, but not limited to, crack pipes, push wires, chore boys, hand scales, or hypodermic needles, and which is uniquely designed, constituted or modified for use with controlled substances;

      (9)   The area involved is by public repute and to the knowledge of the arresting officer an area in 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 in a reputed drug use or trafficking 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 arresting officer.

   (c)   Background of Person or Neighborhood. 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 a person’s specific intent under this section.

   (d)   Explanation Opportunity. 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 his or her activity 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 in this division 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 the opportunity to explain his or her activity 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)   Invalidity. If any provision of this section is held to be invalid, that invalidity shall not affect any other provision of this section, or the application of this section, 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.

   (f)   Penalty. Whoever violates this section is guilty of loitering for the purpose of engaging in drug-related activity, a misdemeanor of the fourth degree.

(Ord. 2006-22. Passed 7-13-06.)