Coachella Municipal Code Ch. 9.12 Loitering for Drug Purposes

A. Acts Prohibited. It is unlawful for any person to loiter on or in premises that have been reported to law enforcement as a place suspected of unlawful drug activity.

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

1. 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, with 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 such sections 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;

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

3. 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, acting as a "look out";

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

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

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

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

8. Is in an area that is known for unlawful drug activity;

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

10. Is in or within six feet of any vehicle registered to a known unlawful drug user, possessor, or seller, or person for whom there is an outstanding warrant for a crime involving drug-related activity.

C. Penalty for Violation. Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in jail not exceeding six months or by both such fine and imprisonment.

(Prior code § 14-1.1)