§ 38-103. Loitering for the purpose of engaging in drug-related activity.

(a)

"Public place" defined. For the purposes of this section, "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 those places, or a motor vehicle in or on any of those places, or any property owned by the county.

(b)

"Known unlawful drug user, possessor or seller" defined. For the purposes of this section, 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 G.S. 90-86 et seq., or such person has been convicted of any violation of any of the provisions of G.S. 90-86 et seq. or substantially similar laws of any political subdivision of this state or of any other state or of federal law.

(c)

Prohibited acts. 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 G.S. 90-86 et seq. Such circumstances may include, but are not limited to:

(1)

Repeatedly beckoning to, stopping 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 have been involved in drug-related activities.

(d)

Provisions supplemental. The provisions of this section are intended as cumulative and selective and shall not repeal any other ordinance involving the same subject matter.

(e)

Penalty. Violations of this provision may be punished by a civil penalty to be recovered in the nature of a debt of $100.00 for the first violation, $300.00 for the second violation, and $500.00 for the third and subsequent violations. Violations may also be punished as misdemeanor under G.S. 14-4.

(Code 1978, § 12-131; Ord. of 8-19-2002)