Chapter 9.89
DRUG RELATED LOITERING

Sections:

9.89.010    DRUG RELATED LOITERING.

9.89.010 DRUG RELATED LOITERING.

(a)    It is unlawful for any person to remain in a public place for the purpose of soliciting, inducing, enticing or procuring another to sell or purchase a controlled substance as defined in RCW 69.41, 69.50 or 69.52.

(b)    Among the circumstances which may be considered in determining whether the person remains in a public place for the purpose of the acts described above are:

(1)    Such person is seen by the officer to be in possession of drug paraphernalia. "Drug paraphernalia" means drug paraphernalia as the term is defined by RCW 69.50.102.

(2)    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, in the knowledge of the arresting officer been convicted in any court within this State of any violation of RCW 69.41, 69.50 and 69.52, or substantially similar laws of any political subdivision of this State or of any other state.

(3)    Such person repeatedly beckons to, stops or attempts to stop pedestrians or engages pedestrians in conversation.

(4)    Such person repeatedly beckons to, stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture.

(5)    Such person circles an area in a motor vehicle and repeatedly beckons to, contacts or attempts to stop pedestrians.

(6)    Such person is the subject of a court order prohibiting his presence in a high drug activity geographic area.

(7)    The area involved is a high drug activity geographic area.

(8)    Such person transfers small objects or packages.

(9)    Such person has an outstanding warrant for a crime involving drug related activity.

(10)    Any vehicle involved is registered to a "known unlawful drug user, possessor or seller" as defined in BMC 9.89.010(b)(2).

(c)    A person convicted of drug traffic loitering shall be guilty of a gross misdemeanor. (Ord. 4310 §1, 1991)