National City Municipal Code Ch. 10.24 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. 2079 (part), 1994)

Among circumstances that may be considered in determining whether a person manifests the purpose of engaging in drug-related activity are that the person:

A. Is a known unlawful drug user, possessor, or seller. For purpose of this chapter, a "known unlawful drug user, possessor, or seller" is:

1. A person who, within the knowledge of the arresting officer, has been convicted in any court within California 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

2. A person who has been convicted of any violation of Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code or substantially similar laws of any political subdivision of California or of any other state, or

3. A person who displays physical characteristics of drug intoxication or usage, such as "needle tracks," or

4. A person who possesses drug paraphernalia as defined in Section 11364.5 of the California Health and Safety Code, or

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

C. 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, for example, acting as a "lookout"; or

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

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

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

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

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

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

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

(Ord. 2079 (part), 1994)

Any person violating any provision of this chapter is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment.

(Ord. 2079 (part), 1994)