§ 9-1017. Drug traffic loitering.

(a)

As used in this section:

(1)

Conviction means an adjudication of guilt pursuant to South Carolina law or the equivalent provisions of any federal statute or ordinance of any political subdivision of this state, and includes a verdict of guilty, a finding of guilty and an acceptance of a plea of guilty.

(2)

Drug paraphernalia means drug paraphernalia as the term is defined in the South Carolina Code of Laws, 44-53-391.

(3)

Illegal drug activity means unlawful conduct contrary to any provision of South Carolina Code of Laws; 44-53-391, 44-53-370, 44-53-445, 44-53-577, or the equivalent federal statute, state statute, or ordinance of any political subdivision of this state.

(4)

Known drug trafficker means a person who has, within the knowledge of the arresting officer, been convicted within the last two (2) years in any court of any illegal drug activity.

(5)

Public place is an area generally visible to public view and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, transit stations, shelters, automobiles (whether moving or not), and buildings, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

(b)

To adequately apprise one of when his conduct is forbidden by the ordinance and to remove arbitrary and erratic arrests, persons must first be warned by a law enforcement officer that their conduct is in violation of the ordinance, and a reasonable time shall be provided to the person to vacate the area.

(c)

After warning, the person is guilty of drug-traffic loitering if he or she remains in a public place and intentionally continues to solicit, induce, entice, or procures another to engage in unlawful conduct.

(d)

Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that he or she:

(1)

Is seen by the officer to be in possession of drug paraphernalia; or

(2)

Is a known drug trafficker or user; or

(3)

Repeatedly beckons to, stops or attempts to stop passerby, or engages passersby in conversation; or

(4)

Reportedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or

(5)

Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians; or

(6)

Is the subject of any court order, which directs the person to stay out of any specified area as a condition of release from custody, a condition of probation or parole or other supervision or any court order, in a criminal or civil case involving illegal drug activity; or

(7)

Has been evicted as the result of his or her illegal drug activity and ordered to stay out of a specified area affected by drug-related activity.

(e)

Any person violating the provisions of this section shall, upon conviction, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days.

(Ord. No. O-06-94, 4-26-94)