The City Council finds and declares that the problems associated
with the dealing and use of controlled substances are increasing rapidly,
causing immediate and imminent danger to the public health and safety
and to property in the areas where illegal drug use and dealing are
taking place. The City Council further finds and declares that the
problems associated with illegal drug use and dealing impair the use
and enjoyment of property owned or rented by law-abiding citizens.
The City Council further finds that current State law does not preempt
nor adequately address the problems associated with illegal drug use
and dealing activity. Therefore, it is necessary for the City Council
to establish regulations to restrict the use of public thoroughfares,
places open to the public, or any place near any public or private
place to prohibit activity which reasonably manifests the intent to
engage in drug-related activity contrary to the provisions of the
California
Health and Safety Code. It is not the intention of the
City Council to place a restriction on the use of any such areas when
such use is legally and constitutionally permissible.
(Prior code § 5-131.20)
It is unlawful and a misdemeanor for any person to loiter in
or near any thoroughfare, place open to the public, or near any public
or private place with the intent to engage in drug related activity
contrary to any of the provisions of the California Health and Safety
Code.
(Prior code § 5-131.21)
The circumstances and acts which are factors which may be considered
under the totality of circumstances as evidence manifesting the intent
to engage in drug-related activity include, but are not limited to,
the following:
A. Such
person is a known unlawful drug user, possessor, buyer, or seller.
For purposes of this chapter, a "known unlawful drug user, possessor,
buyer, 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, purchase, or sale of
any of the controlled substances referred to in the California Uniform
Controlled Substances Act as embodied in the California Health and
Safety Code; or such person has been convicted of any violation of
any of the provisions of said act or 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"; or a person who possesses drug
paraphernalia as defined in law.
B. Such
person is currently subject to an order of a court of competent jurisdiction
prohibiting his or her presence in a high drug activity geographic
area.
C. 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, but not limited to, by way of example
only, such person acting as a "lookout."
D. Such
person is physically identified by the arresting officer as a member
of a "gang" or association which has as its or one of its purposes
illegal drug activity.
E. Such
person transfers or acquires in a furtive fashion small objects or
packages for currency.
F. Such
person repeatedly beckons to, stops or attempts to stop, or repeatedly
engages or attempts to engage in conversation with pedestrians or
motorists in a public place with intent to sell, purchase, possess
or transfer any controlled substance.
G. Such
person is in an area known by public repute to be an area of unlawful
drug use and trafficking.
H. Such
person is on or in premises known to have been reported to law enforcement
as a place suspected of drug-related activity.
I. Such
person is in or within six feet of any vehicle registered to a known
unlawful drug user, possessor, buyer, or seller, or a person for whom
there is an outstanding warrant for a crime involving drug-related
activity.
J. Such
person takes flight upon the appearance of a police officer.
(Prior code § 5-131.22)
To the extent any provision of this chapter is incompatible
with or at variance with any prior adopted ordinance or resolution,
the provisions of this chapter shall take precedence, and all prior
ordinances shall be interpreted to harmonize with and not change the
provisions of this chapter. If any section, subsection, paragraph,
sentence, clause, phrase, or word of this chapter is declared by a
court of competent jurisdiction, adjudicated to a full determination,
to be void, this City Council finds that said voided section is severable,
and that this City Council would have adopted the remainder of this
chapter without the severed and voided part, and that the remainder
of this chapter shall remain in full force and effect.
(Prior code § 5-131.23)