San Diego Municipal Code Div. 30 Loitering For Drug Activities

(“Loitering For Drug Activities” added 11–29–1993 by O–18011 N.S.)

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. (“Acts Prohibited” added 11–29–1993 by O–18011 N.S.)

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
division, 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 California
Health and Safety Code section 11014.5; or

(b) is currently subject to an order prohibiting his or her presence in a high drug
activity geographic area; or

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(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 (6) 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. (“Circumstances Manifesting Drug–related Activity” added 11–29–1993 by O– 18011 N.S.)

As used in this Division, the following definitions apply:

(a) “in a manner and under circumstances manifesting” means that, while
loitering a person must perform objectively, ascertainable, overt conduct that
is commonly associated with illegal drug–related activity.

(b) “purpose of engaging in drug–related activity” means the specific intent to
engage in drug–related activity.
(“Definitions” added 11–29–1993 by O–18011 N.S.)

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Article 2: Police — Police Regulations — Offenses Against Government