Chapter 132 — DRUG OFFENSES

LOITERING FOR DRUG-RELATED ACTIVITIES AT CERTAIN LOCATIONS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BLOCK. Both sides of a city street that begins at the intersection with one cross street and ends at the intersection with the next cross street.

BUSINESS. All types of businesses including professions.

ILLEGAL DRUGS. All controlled substances or precursor or analog thereof, as defined in Cal. Health & Safety Code Division 10-10.1.

LOITER. To delay, linger, or to idle about with an unlawful purpose.

PARK. All public lands defined as a public park or public open space in the city.

RECREATION CENTER. The premises of all buildings primarily used for recreational activity.

RESIDENCE. Any person's dwelling place, or place of habitation.

SCHOOL. Any high school, junior high school, elementary school, or pre-school.

('63 Code, § 4-18.01) (Ord. 575-C.S., passed 8-4-94)

(A) It shall be unlawful for any person to loiter at any of the following locations, or within the same or adjacent block thereof, with the intent to buy, sell, transfer or use illegal drugs, after being asked to leave by any peace officer:

• (1) Parks;

• (2) Schools;

• (3) Recreation centers;

• (4) Businesses;

• (5) Residences;

• (6) Any public street, alley, or parking lot.

(B) Loitering on private property that is not open to the public is excluded from the scope of this chapter, except for private property that is part of the premises on which there is a private school.

('63 Code, § 4-18.02) (Ord. 575-C.S., passed 8-4-94) Penalty, see § 10.99

(A) Whenever a peace officer has probable cause to believe that a person is loitering with the intent to buy, sell, transfer, or use illegal drugs in any of the above-specified locations, the officer must first require the person to leave the designated location. Only if the person refuses to leave the designated location upon request of a peace officer shall the person be subject to arrest.

(B) For the purposes of enforcing this chapter only, probable cause that a person has the intent to buy, sell, use, or transfer illegal drugs shall be confined to the following circumstances:

(1) When the enforcing officer has information that the individual has repeatedly been involved in illegal drug activity at the same location in the past by virtue of the officer's own experience or that of other officers; or,

(2) When a reliable informant has given the enforcing officer information that the individual intends to engage in illegal drug activity at that location; or,

(3) When the enforcing officer has received complaints from citizens that the individual is engaging in illegal drug activity at that location; and,

(4) The enforcing officer's personal observation of the individual's behavior at the location is consistent with the information known or received under subsections (1), (2), or (3) of this division (B).

('63 Code, § 4-18.03) (Ord. 575-C.S., passed 8-4-94)

(A) The remedies provided under this chapter are in addition to any other remedies that may exist under applicable laws.

(B) Violation of this chapter shall be misdemeanor.

('63 Code, § 4-18.04) (Ord. 575-C.S., passed 8-4-94)