§ 26-17. Loitering for purpose of engaging in drug-related activity.

(a)

For the purpose of this section, the term "public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or the doorways and entranceways to any building which fronts on any of these places, or a motor vehicle in or on any of these places, or any property owned by the city.

(b)

For the purpose of this section, the term "known unlawful drug user, possessor or seller" means 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 the North Carolina Controlled Substances Act, G.S. 90-86 et seq., or has been convicted of any violation of any substantially similar laws of any political subdivision of this state or of any other state or of federal law.

(c)

It shall be unlawful for a person to remain or wander about in a public place in a manner and under circumstances manifesting the purpose to engage in a violation of any subdivision of the North Carolina Controlled Substances Act, G.S. 90-86 et seq. Such circumstances shall include:

(1)

Repeatedly beckoning to stop or attempting to stop passersby, or repeatedly attempting to engage passersby in conversation;

(2)

Repeatedly stopping or attempting to stop motor vehicles;

(3)

Repeatedly interfering with the free passage of other persons;

(4)

Such person is a known unlawful drug user, possessor or seller;

(5)

Such person behaves in such a manner as to raise a reasonable suspicion that he is about to engage in or is engaged in an unlawful drug-related activity;

(6)

Such person repeatedly passes to or receives from passersby, whether on foot or in a vehicle, money or objects;

(7)

Such person takes flight upon the approach or appearance of a police officer;

(8)

Such person is at a location frequented by persons who use, possess or sell drugs; or

(9)

Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or is known to be or has been involved in drug-related activities.

(Ord. No. 1990-22, § 1, 7-17-1990)