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Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
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Code of Ordinances |
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Chapter 18. Streets, Sidewalks And Other Public Places |
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Article I. In General |
| § 18-1. Loitering for drug-related purposes prohibited. |
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Latest version.
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(a) It is unlawful for any person to loiter in or near any thoroughfare, or place open to the public, including but not limited to streets, sidewalks, parks, plazas, and squares or near any public or private place, in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to the provisions of F.S. ch. 893, and with the intent to engage in drug related activity contrary to any of the provisions of F.S. ch. 893. (b) It is unlawful to loiter within fifty (50) feet of a licensed drug or alcohol treatment facility. (c) No arrest or conviction under this section may occur unless and until the officer has probable cause that the individual to be arrested is loitering with the intent to engage in drug-related activity. (d) Prior to making an arrest under this section, the officer must afford the individual to be arrested an opportunity to explain his or her conduct and purpose at the site. No person shall be convicted for violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose. Refusal by the person to explain his or her conduct to the officer shall not be deemed an element of the offense or evidence establishing probable cause that the person has violated this section. (e) The circumstances which may be considered in determining whether a purpose to engage in drug related activity is manifested includes, but are not limited to: (1) Such a person is a known unlawful drug user, possessor, or seller. For the purposes of this section, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the officer, been: a. Convicted in any court of any violation involving the use, possession, or sale of any of the substances referred to in F.S. ch. 893, or the similar laws of any other state; or b. A person who displays physical characteristics of drug intoxication or usage, including "needle tracks"; or c. A person who possess drug paraphernalia as defined in F.S. ch. 893. (2) It is known that such a person has been convicted within a period of two (2) years of any violation involving the use, sale, possession, or transfer of any substance referred to in F.S. ch. 893. (3) The area involved is by public repute to be an unlawful drug use and drug trafficking area. (4) The premises involved are known to have been reported to law enforcement as a place of suspected drug activity. (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 drug-related violation. (6) Such person behaves in such manner as to raise a reasonable suspicion that either he or she is about to engage in, or has engaged in an unlawful drug-related activity. (7) Such person takes flight upon the appearance of a police officer. (8) Such person endeavors to conceal himself or herself, or conceals any object that reasonably could be involved in an unlawful drug related activity. (9) The person repeatedly beckons to, stops, attempts to stop, or engages in conversations with passers-by, whether such passers-by are on foot or in a motor vehicle. (10) The person repeatedly passes to or receives from passers-by money, objects, or written material, whether such passers-by are on foot or in a motor vehicle. (11) The person is known by the officer to be the subject of a court administrative order of parole, probation, bond, or sentence, prohibiting his or her presence in the area, or in any geographic area known to have unlawful drug-related activity. (f) A suspect's race or ethnicity shall not be a factor in determining his or her intent. (g) Any property, including a motor vehicle, used to facilitate a violation of this section or F.S. ch. 893, or used in connection with an activity that violates this ordinance or F.S. ch. 893, may be seized at the time of the arrest and permanently forfeited upon conviction for a violation of this ordinance or F.S. ch. 893, pursuant to the provisions of the Florida Forfeiture and Contraband Act. |
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(Ord. No. 99-15, § 1, 1-4-00) |