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Effingham |
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Code of Ordinances |
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Chapter 17. OFFENSES AND MISCELLANEOUS PROVISIONS |
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Article I. IN GENERAL |
§ 17-7. Loitering for purpose of drug-related activity.
(a)
Prohibition. No person shall 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 720 ILCS 570/100 et seq. Among the circumstances which may be considered in determining whether such purpose is manifested are:
(1)
Such person is a known unlawful drug user, possessor or seller. For purposes 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 controlled substance as defined in 720 ILCS 570/100 et seq.; or such person has been convicted of any violation of any of the provisions of said chapter 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," burned or calloused thumb and index fingers, underweight, nervous and excited behavior.
(2)
Such person is currently subject to a court order prohibiting his presence in a high drug activity geographic area.
(3)
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, by way of example only, such person acting as a "lookout" or hailing or stopping cars.
(4)
Such person is physically identified by the officer as a member of a "gang" or association which has as its purpose illegal drug activity.
(5)
Such person transfers small objects or packages in a furtive fashion.
(6)
Such person takes flight or manifestly endeavors to conceal himself upon the appearance of a police officer.
(7)
Such person manifestly endeavors to conceal any object which reasonably could be involved in an unlawful drug-related activity.
(8)
Such person possesses any instrument, article or thing whose customary or primary purpose is for the sale, administration or use of controlled substances such as, but not limited to, crack pipes, push wires, chore boys, hand scales, hypodermic needles, razor blades or other cutting tools.
(9)
The area involved is by public repute known to be an area of unlawful drug use and trafficking.
(10)
The premises involved are known to the defendant to have been reported to law enforcement as a place of drug activity pursuant to 720 ILCS 570/100 et seq.
(11)
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.
If any provision of this section is held invalid, such invalidity shall not affect any other provision or the application thereof which can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared to be severable.
(b)
Occupying drug premises. No person shall occupy, loiter or remain in any building, apartment, store, automobile, boat, boathouse, airplane or other place of any description whatsoever where controlled substances, hypodermic syringes, needles, or other instruments or implements are sold, dispensed, furnished, given away, stored or kept illegally, with the intent to unlawfully use or possess such substance, implements or instruments.
(c)
Penalty. Any violation of this section shall constitute a Class B misdemeanor, punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). The exact amount of the fine shall be related to the magnitude of violation and the number and magnitude of previous violations committed by the offender.
(Ord. No. 127-94, §§ 1—3, 12-20-94)