§ 16-113. Loitering; congregating so as to impede traffic flow; loitering for the purpose of engaging in drug-related activity; loitering and prowling; loitering for the purpose of engaging in the solicitation of sex acts.

(a)

Loitering in public places. It is unlawful for any persons to loiter upon any premises to which the public has access, including, but not limited to, such places as shopping center parking lots, when such person does not have a legitimate cause or need to be present thereon. Any person who does not have a legitimate cause or need to be present on such premises, and who shall willfully fail to remove himself from such premises after being requested by a police officer or other law enforcement officer shall be guilty of a violation of this section.

(b)

Halting or impeding flow of traffic. No person shall congregate with another or others in or on any public way or place so as to halt or impede the flow of vehicular or pedestrian traffic after having been directed to clear such public way or place when ordered by the police or any other authorized law enforcement official.

(c)

Loitering for the purpose of engaging in drug-related activity. 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 O.C.G.A. tit. 16, ch. 13. 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 article, the term "known unlawful drug user, possessor or seller" means 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 O.C.G.A. tit. 16, ch. 13, or such person has been convicted of any violation of any of the provisions of such title and chapter of the Official Code of Georgia Annotated 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 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)

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.

(d)

Loitering and prowling .

(1)

It is unlawful for any person to remain, loiter or prowl in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant a justification and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

(2)

Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impractical, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct.

(e)

Loitering for the purpose of engaging in the solicitation of sex acts. It is unlawful for any person to remain or loiter in any public place for the following purposes:

(1)

The solicitation of another to perform or offer or consent to perform an act of prostitution;

(2)

The solicitation of another to perform or submit to an act of sodomy;

(3)

The solicitation of another to erotically stimulate the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact exclusive of sexual intercourse or by instrumental manipulation.

(f)

Penalty for violation of section. Any person found guilty of violating any of these sections shall be punished by a fine not to exceed $500.00 and/or by imprisonment in the county jail for a period not in excess of 60 days, or both.

(Code 1993, § 9.20.010; Ord. of 8-6-1998, § 1(part))