CHAPTER 24
LOITERING FOR PURPOSES OF ACTIVITIES RELATED TO CONTROLLED SUBSTANCES

4.24.002 Purpose.

Persons loitering in, on, or near any thoroughfare or place open to the public or near any public or private place with the intent to buy, sell, transfer, possess, or use illegal drugs pose a serious threat to the health, safety, and welfare of citizens, including neighboring residents and passersby. Because of the increased danger that such activities create, this chapter is needed to protect the public health, safety, and welfare.

4.24.004 Acts Prohibited.

It is unlawful for any person to loiter in, on or near any thoroughfare or place open to the public or near any public or private place in a manner and under circumstances manifesting the purpose of engaging in activity defined as offenses in Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code.

4.24.006 Circumstances.

Any of the following non-exhaustive circumstances may be considered in determining whether the purpose of engaging in drug-related activity is manifested by a loitering person:

a.    The person is a known unlawful drug user, possessor, or seller. For purposes of this chapter, 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 Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code.

b.    The person displays physical characteristics of drug intoxication or usage, such as "needle tracks."

c.    The person possesses drug paraphernalia.

d.    The person is currently subject to an order prohibiting his or her presence in a high-drug-activity geographic area.

e.    The 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 by way of example only, acting as a "lookout."

f.    The person is physically identified by the officer as a member of a "gang" or association that has as a purpose illegal drug activity.

g.    The person transfers small objects or packages for currency in a furtive fashion.

h.    The person tries to conceal himself or herself or any object that reasonably could be involved in an unlawful drug-related activity.

i.    The person is in a geographic area that is known for unlawful drug use and trafficking.

j.    The person is on or in premises that have been reported to law enforcement as a place suspected of unlawful drug activity.

k.    The person is in or within six feet of any vehicle registered to a known unlawful drug user, possessor or seller, or person for whom there is an outstanding warrant for a crime involving drug-related activity.