(A) Definitions. 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 been convicted in any court within this state of any crime involving the use, possession or sale of any substances referred to in the North Carolina Controlled Substances Act, G.S. §§ 90-86 et seq., or has been convicted of any violation of any substantially similar law of any political subdivision of this state or of any other state or of the United States.
PUBLIC PLACE. Any public streets, public highways, public sidewalks, public vehicular areas, as defined in G.S. § 20-4.01, public parks and plazas, other publicly owned or leased property, public transportation facilities and grounds, schools and school grounds, common areas of apartment and condominium communities, common areas of public housing projects, places of business or amusement which are open to the public, any private property which adjoins any of the above-described areas and to which the public has ready access, any other property which is open to the public, whether publicly or privately owned, and motor vehicles in or on the above-described areas.
REPEATEDLY. Three or more times.
(B) Prohibitions. It shall be unlawful for a person to remain or wander about in a public place in a manner and under circumstances manifesting a purpose to engage in a violation of any provision of the North Carolina Controlled Substances Act, G.S. §§ 90-86 et seq. These circumstances may 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) Being a known unlawful user, possessor or seller;
(5) Behaving in a manner so as to create a reasonable suspicion, as defined by the United States Supreme Court, that he or she may be about to engage in or has just engaged in an unlawful drug-related activity;
(6) Repeatedly passing to or receiving from passers-by, whether on foot or in a vehicle, money or objects;
(7) Attempting to flee or evade a police officer;
(8) Being at a location frequented by persons who use, possess or sell drugs;
(9) Occupying a vehicle which is registered to a known unlawful drug user, possessor or seller, or which has been recently involved in illegal drug-related activity; or
(10) Stopping, conversing with the occupants of, handing money or any object to the occupants of, or receiving money or any object from the occupants of a vehicle which is registered to a known unlawful drug user, possessor or seller or which has been recently involved in illegal drug-related activity.
(Ord. 2004-52, passed 6-7-2004; Ord. 2013-06, passed 7-19-2012)