§ 58-8. Loitering for purpose of engaging in drug-related activity.

(a)

It shall be unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of O.C.G.A. tit. 16, ch. 13.

(b)

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

(1)

Such person is a known unlawful drug user, possessor, or seller. For purposes of this section, 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 controlled substance as defined in O.C.G.A. tit. 16, ch. 13, or such person has been convicted of any violation of any substantially similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks," burned or callused thumb and index fingers, underweight, nervous and excited behavior.

(2)

Such person is currently subject to a court order prohibiting his or her presence in a high drug activity geographic area.

(3)

Such person 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, such person acting as a "lookout," hailing or stopping cars, or repeatedly beckons to, stops, or attempts to stop or engage in conversation with passersby whether such passersby are on foot or in a motor vehicle.

(4)

Such person is physically identified by the officer as a member of a "gang" or association which has as its purpose illegal drug activity.

(5)

Such person transfers small objects or packages in a furtive fashion.

(6)

Such person takes flight or manifestly endeavors to conceal himself upon the appearance of a police officer.

(7)

Such person manifestly endeavors to conceal any object which reasonably could be involved in an unlawful drug-related activity.

(8)

Such person possesses any instrument, article, or thing whose customary or primary purpose is for the sale, administration or use of controlled substances such as, but not limited to, crack pipes, push wires, hand scales, hypodermic needles, razor blades, or other cutting tools.

(9)

The area involved is by public repute known to be an area of unlawful drug use and trafficking.

(10)

Any vehicle involved is 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.

(c)

No arrest shall be made for a violation of subsection (a) of this section unless the arresting officer first affords the person an opportunity to explain his conduct, and no one shall be convicted of violating subsection (a) of this section if it appears at trial that the explanation given was true and disclosed a lawful purpose.

(d)

Any person who violates any provisions of this section shall, upon conviction, be punishable as provided in section 1-6.

(Ord. No. 402, 5-12-95)

Editor's note

Ord. No. 402, adopted May 12, 1995, repeaded the former § 58-8, which pertained to loitering for purpose of illegal use, possession or sale of controlled substances and derived from Ord. No. 358, § 1, 4-10-92.