§ 11-3. Loitering for the purpose of engaging in illegal drug-related activity.

(a)

It shall be unlawful for any person to remain or wander about in a public place for the purpose of engaging in a violation of any provisions of the North Carolina Controlled Substances Act. (G.S. Chapter 90, Article 5).

(b)

For the purposes of this section, "public place" shall mean any area generally accessible to the public for common usage and access, including any public street, public sidewalk, public vehicular area (as defined in G.S. 20-4.01), any city park or park property, any other publicly owned or leased property, public transportation facility, school and school grounds or property, any common area of any apartment complex, condominium community or public housing project to which the public has ready access, any place of business or amusement which is open to the public, any private property which adjoins any of the above described areas and to which the public has ready access, any other property which is open to the public, whether publicly or privately owned, and any motor vehicle in or on the above described areas.

(c)

For the purposes of this section, a "known unlawful drug user, possessor, or seller" is a person who has been convicted in any court within this state of any crime involving the use, possession or sale of any substance included in the North Carolina Controlled Substances Act (G.S. Chapter 90, Article 5) or who has been convicted of a violation of any substantially similar law of another state or of the United States.

(d)

For the purposes of this section "repeatedly" means three (3) or more times.

(e)

The following conduct or factors may be considered in determining whether a person is remaining or wandering about in a public place for the purpose of violating any provision of G.S. Chapter 90, Article 5:

(1)

Repeatedly beckoning to, stopping, or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation; or

(2)

Repeatedly stopping or attempting to stop motor vehicles; or

(3)

Repeatedly obstructing or interfering with the free passage of other persons; or

(4)

Repeatedly passing to or receiving from passers-by, whether on foot or in a vehicle, money or objects; or

(5)

Being a known unlawful drug user; possessor, or seller; or

(6)

Attempting to flee or evade a police officer; or

(7)

Being at a location frequented by persons who use, possess, or sell controlled substances; or

(8)

Occupying a vehicle which is registered to a known unlawful drug user, possessor, or seller or which has been recently involved in illegal drug related activity; or

(9)

Stopping, conversing with the occupant(s) of, handling money or any object to the occupant(s) of, or receiving money or any object from the occupant(s) of a vehicle which is registered to a known unlawful drug user, possessor, or seller or which has been recently involved in illegal drug related activity.

(f)

No arrest or charge is permitted hereunder unless the circumstances establish probable cause to believe that the person intended to violate one or more of the provisions of the North Carolina Controlled Substances Act, Chapter 90, Article 5 of the General Statutes of North Carolina.

(g)

If any section, subsection, paragraph, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severally and such holding shall not affect the validity of the remaining portions thereof.

(h)

A violation of any provision of this section shall subject the offender to the penalties set forth in section 1-14 of the Code of the City of Kannapolis.

(i)

This provision shall not be interpreted to prohibit any activity that is protected by the First Amendment of the United States Constitution.

(Ord. of 2-24-92; Ord. No. 2019-16 , § 7, 4-8-19)

Editor's note

Ord. No. 2019-16 , § 7, adopted April 8, 2019, enacted provisions intended for use as subsection (f). Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection (i).