§ 58-307. Loitering for purpose of engaging in drug-related activity.

(a)

Prohibited; factors in determination of violation.

(1)

It is unlawful for any person to loiter in 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 to engage in drug-related activity contrary to any of the provisions of S.C. Code 1976, § 44-53-110 et seq.

(2)

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

a.

Such person is a known unlawful drug user, possessor or seller. For the purpose 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 of the substances referred to in S.C. Code 1976, § 44-53-110 et seq., or who has been convicted of any violation of any of the provisions of that law or substantially similar laws of the town; or a person who displays physical characteristics of drug intoxication or usage, including but not limited to dilated pupils, glassy eyes, slurred speech, loss of coordination or motor skills, or a person who possesses drug paraphernalia as defined in S.C. Code 1976, § 44-53-110.

b.

Such person has been given due notice, either verbal or written, on any occasion prior to any arrest, within one block of the area where the arrest occurred, or such person is currently subject to an order or term of probation prohibiting his presence in a high drug activity geographic area.

c.

Such person behaves in such a manner as to raise a reasonable suspicion that such person is engaging or is about to engage in an unlawful drug-related activity, either sale, possession or purchase, including, by way of example only, such person acting as a "lookout" or flagging down vehicles or pedestrians.

d.

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

e.

Such person transfers small objects or packages for currency or any other thing of value in a furtive fashion which would lead the officer to believe or ascertain that a drug sale has or is about to occur.

f.

Such person takes flight upon the appearance of a police officer.

g.

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

h.

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

i.

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.

(b)

Provisions supplemental. The provisions of this section are intended as cumulative and selective, and shall not repeal any other ordinance involving the same subject matter.

(c)

Penalty. Any person who violates the provisions of this section is guilty of a misdemeanor, and upon conviction shall be punished in accordance with section 1-12.

(Ord. No. 2011-03, § 2(24-187))