Chapter 8.52
LOITERING TO ENGAGE IN UNLAWFUL DRUG ACTIVITY
Sections:
8.52.010 Definitions.
As used in this chapter, the following terms shall have the following meanings:
(a) "Unlawful drug activity" means any act or conduct declared to be unlawful under the provisions of Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code, consisting of Sections 11350 through 11400 of said code, and such amendments thereto as may hereafter be adopted.
(b) "Known unlawful drug user, possessor, or seller" means a person who has, within the knowledge of the arresting officers, been convicted in any court within the state of California of any unlawful drug activity, or convicted of any substantially similar activity under the laws of any other state.
(c) "Drug area" means a public or private street, sidewalk, parking lot, building, structure, or other place known by the arresting officer to be a location where unlawful drug activity is conducted.
(d) "Arresting officer" includes all officers who are present at the scene of the arrest. (Ord. 834 § 1 (part), 1992).
8.52.020 Acts prohibited.
It shall be unlawful for any person to loiter in, on or near any drug area in a manner and under circumstances manifesting a purpose of engaging in unlawful drug activity as hereinafter provided. (Ord. 834 § 1 (part), 1992).
8.52.030 Circumstances.
There shall be a violation of Section 8.52.020 if the existence of at least two of the following circumstances is within the knowledge or personal observation of an arresting officer or officers, provided that one of such circumstances is (1) (2) (3) or (4) and another is (5) or (6):
(1) The person is known by an arresting officer to be an unlawful drug user, possessor, or seller;
(2) The person is observed by an arresting officer to be in the company of, or inside or near a vehicle registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for unlawful drug activity;
(3) The person is known by an arresting officer to be a person currently subject to an order prohibiting his or her presence in a drug area, or prohibiting him or her from being in the company of a known unlawful drug user, possessor, or seller;
(4) The person is known by an arresting officer to be a member of a criminal street gang, as defined in Section 186.22 (f) of the Penal Code, or a group which has, among its members, known unlawful drug users, possessors, or sellers;
(5) The person is observed by an arresting officer to behave in a manner that raises reasonable suspicion that the person is seeking to engage in, or is about to engage in, or is then engaged in any unlawful drug activity. Such behavior includes, by way of example only, acting as a "lookout," making gestures or statements which have a general resemblance to invitations to purchase or sell drugs, or exchanging with another person small objects or packages which have a general resemblance to unlawful drugs or packages thereof.
(6) The person is observed by an arresting officer to conceal, or attempt to conceal, himself or herself from the observation of such arresting officer or to conceal or dispose of any object which has a general resemblance to unlawful drugs or a package thereof. (Ord. 834 § 1 (part), 1992).