§ 9-2502. 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 place open to public view in a manner and under circumstances manifesting a purpose of engaging in unlawful drug activity.

(a)

Definitions. As used in this ordinance the following terms shall have the meanings respectively ascribed to them in this Section;

(1)

"Unlawful drug activity" means any act or conduct declared to be unlawful under the provisions of Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code, consisting of Sections 11350 through 11400 of said Code, and such amendments thereto as may hereafter be adopted.

(2)

"Known unlawful drug user, possessor, or seller," means a person who has, within the knowledge of the arresting officer, been convicted in any court within the State of California of any unlawful drug activity, or convicted of any substantially similar activity under the laws of any other state, or a person who displays physical characteristics of drug intoxication or usage including but not limited thereto such things as "needle tracks", or persons arrested within the past two years while in the possession of illegal controlled substances or drug paraphernalia.

(b)

Circumstances. Among the circumstances that may be considered in determining whether a person has violated this ordinance based upon the knowledge and personal observations of the arresting officer, are the following:

(1)

The person is a known unlawful drug user, possessor, or seller.

(2)

The person is in the company of, or inside or near a vehicle registered to, a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for unlawful drug activity.

(3)

The person is currently subject to an order prohibiting his or her presence in a drug area, or prohibiting the person from being in the company of a known unlawful drug user, possessor, or seller.

(4)

The person behaves in a manner as to raise reasonable suspicion that he or she is seeking to engage in, or is about to engage in, or is then engaged in any unlawful drug activity, including, by way of example only, acting as a "lookout," making gestures or statements to motorists or pedestrians known to represent invitations to purchase or sell drugs, or exchanging small objects or packages with another person in a furtive manner.

(5)

The person is identified as a member of a criminal street gang, as defined in Section 186.22(f) of the Penal Code, or a group which has, among its members, known unlawful drug users, possessors, or sellers. The method of identification may include, but is not limited to, the wearing of distinctive clothing or insignias.

(6)

The person attempts to conceal himself or herself from the observation of the arresting officer or conceals or disposes of any object which reasonably could be involved in the conduct of any unlawful drug activity.

(c)

Severability. If any subsection, sentence, clause or phrase of this section is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The Council of the City of Fresno hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the subsections, sentences, clauses or phrases may be held invalid or unconstitutional.

(d)

The Council finds and determines that:

(1)

Violent crime in this community is and continues to escalate at an alarming rate. The citizens of this community are violently victimized and intimidated by individuals who have embraced a criminal life-style which has no place in a civilized society.

(2)

The presence of illegal activity, and in particular, unlawful drug activity, fosters an environment that attracts crime, degrades the quality of life in neighborhoods by creating visual blight, health hazards to our youth and others in the presence of used hypodermic syringes, discarded dangerous drugs, and other trash and rubbish, and impacts the business community by turning away potential customers from the places of business within the area where drug dealers, drug users and purchasers congregate to sell, consume and purchase drugs.

(3)

It is a legitimate need of the City of Fresno to address problems inimical to the health, safety and welfare of the community and loitering with the intent to commit certain illegal acts is such a problem.

(4)

The Council desires to enhance the ability of law enforcement to curtail the environment which is conducive to criminal activity from the streets of this community with an additional enforcement tool to abate the public nuisance created by the individuals who engage in the illegal activities described in this section.

(Added Ord. 93-66, § 1, eff. 11-12-93; Am. Ord. 93-76, § 1, eff. 1-7-94; Am. Ord. 95-2, §§ 3, 4, 1-3-95).