Hawaiian Gardens Municipal Code Ch. 9.69 Loitering for Drug Activities

It is unlawful for any person to loiter in, on or near any thoroughfare or place open to the public or near any public or private place in a manner and under circumstances manifesting the purpose of engaging in drug-related activity defined as offenses in Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code.

(Ord. 409 § 1, 1993)

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

A. Is a known drug user, possessor or seller. For purpose 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 6 and 6.5 of Division 10 of the California Health and Safety Code, or such person who has been convicted of any violation of any of the provisions of said sections or substantially similar laws of 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 as defined by the California Health and Safety Code, Section 11364.5(d);

B. Is currently subject to an order prohibiting his/her presence in a high-drug activity geographic area;

C. Behaves in such a manner as to raise a reasonable suspicion that he/she is about to engage in or is then engaged in or is then engaged in an unlawful drug-related activity, including by way of example only, acting as a lookout;

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

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

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

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

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

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

J. 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. 409 § 1, 1993)

Violation of any of the provisions of this chapter shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000.00 or by imprisonment not exceeding six months, or by both.

(Ord. 409 § 1, 1993)

Enforcement of this chapter shall be pursuant to a special training policy as established by the local Sheriff's Captain.

(Ord. 409 § 1, 1993)