Chapter 6.36


6.36.010    Loitering on or about school premises.

6.36.020    Loitering for the purpose of engaging in drug related activity.

6.36.030    Penalty.

6.36.010 Loitering on or about school premises.

It is unlawful for any person to loiter about the building or buildings of any public or private school or institution of higher learning, or the public premises adjacent thereto, without lawful purpose, except a person enrolled as a student in such institution, or the parents or guardians of such student, or persons employed by such institution. (Ord. 1685 § 2, 1989).

6.36.020 Loitering for the purpose of engaging in drug related activity.

(1) 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 a purpose to engage in drug-related activity contrary to any of the provisions of Chapters 69.41, 69.50 or 69.52 RCW.

(2) The following circumstances are examples of what may be considered in determining whether the purposes referred to in subparagraph (a) of this section are manifested:

(a) Such person is a known unlawful drug user, possessor or seller. For 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 Chapters 6.41, 6.50 or 6.52 RCW, or such person has been convicted of any violation of any of the provisions of said chapters of the Revised Code of Washington or substantially similar laws of any political subdivision of this state or 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 6.28 MMC; or

(b) Such person is currently subject to an order prohibiting his/her presence in a high drug activity geographic area; or

(c) 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 unlawful drug-related activity, including by way of example only, such person acting as a “lookout”; or

(d) Such person is physically identified by the officer as a member of a “gang,” or association which has as its purpose illegal drug activity; or

(e) Such person transfers small objects or packages for currency in a furtive fashion; or

(f) Such person takes flight upon the appearance of a police officer; or

(g) Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity; or

(h) The area involved is by public repute known to be an area of unlawful drug use and trafficking; or

(i) The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to Chapter 69.52 RCW; or

(j) 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. 1993 § 7, 1994; Ord. 1685 § 2, 1989).

6.36.030 Penalty.

Any person violating a provision of this chapter is guilty of a misdemeanor. (Ord. 3186 § 1 (Exh. A), 2021; Ord. 1685 § 2, 1989).