§ 8.12.220. Loitering for the purpose of engaging in drug-related activity.

(a)

It is 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 Chapters 69.41, 69.50 or 69.52 of the Revised Code of Washington.

(b)

No arrest shall be made for a violation of this section unless the arresting officer first affords such person an opportunity to explain such conduct, and no person shall be convicted of violating this section if it is believed by the trier of fact at trial that the explanation given was true and disclosed a lawful purpose.

(c)

Included among the circumstances which may be considered in determining whether such purpose is manifested, but not limited thereto, are:

(1)

Such person is a known, unlawful drug user, possessor, or seller;

(2)

It is known that such person has been convicted in any court within this state within a period of two years of any violation involving the use, possession or sale of any of the substances referred to in Chapters 69.41, 69.50 and 69.52 of the Revised Code of Washington, or, within two years, such person has been convicted or any violation of any of the provision of said chapters of the Revised Code of Washington;

(3)

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

(4)

The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to Chapter 69.52 of the Revised Code of Washington;

(5)

Any vehicle involved is known to be registered to a known unlawful drug user, possessor, or seller or for which there is an outstanding warrant for a crime involving drug-related activity;

(6)

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;

(7)

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

(8)

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

(9)

Such person refuses to identify himself or herself upon the request of an identified police officer.

A violation under this provision is a misdemeanor crime which shall be punished by imprisonment of not more than ninety (90) days, or by a fine in an amount not more than one thousand dollars ($1,000.00) or both such imprisonment and fine.

(Ord. 1297 § 5, 1989)

( Ord. No. 2848 , § 1, 1-27-14)