Bakersfield Municipal Code Ch. 9.19 Loitering for Drug Activities

Sections: 9.19.010 Purpose. 9.19.020 Definitions. 9.19.030 Acts prohibited. 9.19.040 Circumstances. 9.19.050 Enforcement. 9.19.060 Severability. 9.19.070 Penalty.

Like many other communities across this nation, the city of Bakersfield is experiencing an increase in the street sales of marijuana, PCP, rock cocaine and other controlled substances as defined in the Health and Safety Code of this state.

It is the intent of this chapter to assist law enforcement personnel of this city in abating the sale of controlled substances. The city council finds and determines that the sale of controlled substances constitutes a continuing public nuisance which adversely affects the public health, safety and welfare, fuels fear among the community and is a factor which not only depreciates the value of property upon which such activity occurs, but also depreciates the value of adjacent and surrounding properties, and adversely affects the city’s image, business, development and housing costs.

The purpose of this chapter is, therefore, to further assist law enforcement to minimize the impact which drug sales have on the city’s quality of life, overall sense of feeling of safety and security of its citizens, and economic stability. The sale of controlled narcotic substances breeds criminal and gang-related activities and breeds community discontent. This ordinance will serve to mitigate these adverse effects by further limiting the means by which drug sales can occur. (Ord. 3591 § 1, 1994)

A. As used in this chapter, “loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.

B. “Public place” means an area open to the public or exposed to public view, and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (Ord. 3591 § 1, 1994)

It is unlawful for any person to loiter in, on or near any public place in a manner and under circumstances manifesting the purpose of engaging in drug-related activity defined as offenses in chapter 6 and 6.5 of division 10 of the California Health and Safety Code. (Ord. 3591 § 1, 1994)

Among circumstances that may be considered in determining whether such purpose is manifested are that the person:

A. 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 five years previous to arrest under this chapter, 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 and 6.5 of division 10 of the California Health and Safety Code, or such person has been convicted of any violation of any of the provisions of said sections or substantially similar laws of any political subdivision of this state or of any other state;

B. Displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or a person who possesses narcotic and/or drug paraphernalia. For purposes of this chapter, “narcotic and/or drug paraphernalia” is defined as any device, contrivance, instrument or apparatus designed or marketed for the use of smoking or injecting, ingesting or consuming marijuana, hashish, PCP or any controlled substance, as defined in section 11364 and related provisions of the Health and Safety Code of this state, including roach clips and cigarette papers and rollers designed or marketed for the use of smoking the foregoing;

C. Is currently subject to an order prohibiting his or her presence in a high drug activity geographic area;

D. 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 activity, including, by way of example only and not limited to, acting as a “look-out”;

E. Is physically identified by the officer as a member of a “gang” or association which has, as its purpose, illegal drug activity;

F. Transfers small objects or packages for currency in a furtive fashion;

G. Takes flight upon the appearance of a police officer;

H. Tries to conceal himself or herself or any object which reasonably could be involved in an unlawful drug- related activity;

I. Is in an area that is known for unlawful drug use and trafficking;

J. Is on or in premises that have been reported to law enforcement as a place suspected of unlawful drug activity;

K. Is in or within six feet of any vehicles 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. 3591 § 1, 1994)

Enforcement of this chapter shall be pursuant to the policy statement dated April 8, 1994, issued by the chief of police. A copy of said training outline shall be kept on file in the office of the city clerk, and is attached hereto as exhibit “A.”

This chapter shall be reviewed by the city council at a public hearing six months from its effective date. (Ord. 3591 § 1, 1994)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the provision, and such holding shall not affect the validity of the remaining portion thereof. (Ord. 3591 § 1, 1994)

A violation of any provision of this chapter is a misdemeanor, punishable as set forth in the Penal Code of this state. (Ord. 3591 § 1, 1994)

IV. Offenses Against Public Peace