Chapter 9.26
LOITERING FOR DRUG ACTIVITIES
Sections:
9.26.010 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 drug-related activity defined as offenses in Chapter 6 and 6.5 of Division 10 of the California Health and Safety Code. Any person who violates the provisions of this chapter is guilty of an infraction or a misdemeanor, and upon conviction shall be punished as proscribed in Chapter 1.16 SMC or applicable state law. (Ord. 838 § 1, 1994)
9.26.020 Circumstances.
Among circumstances that may be considered in determining whether such purpose is manifested are that the person:
A. Is a known unlawful drug user, possessor or seller. For purpose of this chapter, a “known unlawful drug user, possessor or seller” is a person who has, within the knowledge of the arresting officer, been arrested for or 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, or such person has been convicted of any violation of any of the provisions of said sections or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or a person who possesses drug paraphernalia pursuant to Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code;
B. Is currently subject to an order prohibiting his or her presence in a particular area and/or in a high drug activity geographic area;
C. 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”;
D. Is physically identified by the officer as a member of a “gang,” or association which has as its purpose illegal drug activity;
E. Transfers small objects or packages for currency in a furtive fashion;
F. Takes flight upon the appearance of a police officer;
G. Tries to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;
H. Is in an area that is known for unlawful drug use and/or trafficking;
I. Is on or in premises that have been reported to law enforcement as a place suspected of unlawful drug activity;
J. 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. (Ord. 838 § 1, 1994)
9.26.030 Enforcement.
Enforcement of this chapter shall be pursuant to the policy statement dated February 3, 1994, issued by the chief of police. The chief of police shall report semi-annually to the city council on the enforcement of this chapter. (Ord. 838 § 1, 1994)