Chapter 10.37
LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED ACTIVITY
Sections:
10.37.010 Prohibited.
A. It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of RCW Chapters 69.41, 69.50 or 69.52.
B. Among the circumstances which may be considered in determining whether such purpose is manifested, but not limited thereto, are:
1. Such 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 RCW Chapters 69.41, 69.50 and 69.52, or such person has been convicted of any violation of any of the provisions of the RCW 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 as defined in Chapter 5.112 of this code;
2. Such person is currently subject to an order prohibiting his/her presence in a high drug activity geographic area;
3. Such 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, such person acting as a lookout;
4. Such person is physically identified by the officer as a member of a gang, or association which has as its purpose illegal drug activity;
5. Such person transfers small objects or packages for currency in a furtive fashion;
6. Such person takes flight upon the appearance of a police officer;
7. Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;
8. The area involved is by public repute known to be an area of unlawful drug use and trafficking;
9. The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to RCW Chapter 69.52;
10. Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity. (Ord. 1560-89 §§ 1 (part), 2, 1989)
10.37.020 Violation—Penalty.
Any person who violates the provisions of this chapter is guilty of a gross misdemeanor. (Ord. 1560-89 §§ 1 (part), 3, 1989)