§ 15-45. Loitering for the purpose of engaging in illegal drug-related activity.

(a)

It shall be unlawful for a person to remain or wander about in a public place for the purposes of engaging in a violation of any provision of the North Carolina Controlled Substances Act, North Carolina General Statutes, Chapter 90, Article 5.

(b)

For purposes of this section, "public place" means: any public street, public highway, public sidewalk, public vehicular area (as defined in N.C.G.S. 20-4.01), any city park or park property, any other publicly owned or leased property, public transportation facility, schools and school grounds or property, any common area of any apartment complex or condominium community, common areas of any public housing property, any place of business or amusement which is open to the public, any private property which adjoins any of the above described areas and to which the public has ready access, any other property which is open to the public, whether publicly or privately owned, and any motor vehicle in or on the above described areas.

(c)

For the purposes of this section, "repeatedly" means three (3) or more times.

(d)

The following conduct or factors may be considered in determining whether a person is remaining or wandering about in a public place for the purpose of violating any provision of N.C.G.S. 90, Article 5.

(1)

Repeatedly beckoning to, stopping, or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation; or

(2)

Repeatedly stopping or attempting to stop motor vehicles; or

(3)

Repeatedly obstructing or interfering with the free passage of other persons; or

(4)

Repeatedly passing to or receiving from passers-by, whether on foot or in a vehicle, money or objects; or

(5)

Attempting to flee or evade a police officer; or

(6)

Being at a location frequented by persons who use, possess, or sell controlled substances; or

(7)

Behaving in such a manner as to create a reasonable suspicion that he or she may be about to engage in or has just engaged in an unlawful drug-related activity.

(e)

No arrest or charge is permitted hereunder unless the circumstances establish probable cause to believe that the person intended to violate one or more of the provisions of N.C.G.S. 90, Article 5.

(f)

A violation of any provision of this section shall subject the offender to the penalties set forth in section 1-12 of the City Code.

(g)

If any section, subsection, paragraph, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions thereof.

(Ord. No. 1991-29, § 1, 7-2-91)