Chapter 9.16
DRUG-RELATED LOITERING
Sections:
9.16.020 Loitering for the purpose of engaging in drug-related activity.
9.16.010 Preamble.
It having been determined that the possession, sale and abuse of controlled substances, narcotic drugs and other illegal mind-altering substances is a major threat to the health, welfare and public safety of the town and its inhabitants; further, that the conduct of loitering in public areas for the purpose of engaging in drug-related activity promotes and encourages the availability and abuse of these aforementioned illicit substances; it is therefore ordained by the town council as follows. (Ord. 292 (part), 1990)
9.16.020 Loitering for the purpose of engaging in drug-related activity.
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 Chapters 69.41, 69.50 or 69.52 of the Revised Code of Washington.
B. Among the circumstances which may be considered in determining whether such purpose is manifested 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 Chapters 69.41, 69.50 and 69.52 of the Revised Code of Washington, 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 of any other state or in violation of the provisions of Titles 18 or 21 of the United States Code relating to narcotic drugs and/or other controlled substances; or a person who displays physical characteristics of drug intoxication or usage such as “needle tracks”; or a person who possesses drug paraphernalia;
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 when demanded by the officer to halt;
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 Chapter 69.50 of the Revised Code of Washington;
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. 362 § 2 (part), 1995; Ord. 292 § 1, 1990)