9.24.010 Loitering with the intent of engaging in drug-related activity.
A. No person may loiter in or near any public right-of-way or any public or private property in a manner or under circumstances manifesting the intent to engage in illegal drug-related activity contrary to Chapter 69.41, 69.50, 69.52 or 69.53 RCW. For purposes of this section, “loiter” shall have the same meaning as ACC 9.50.010(A).
B. The following may be considered in determining the intent required by subsection A of this section:
1. Whether the 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:
a. Has been convicted in any court within this state of any controlled substance violation within Chapter 69.41, 69.50, 69.52 or 69.53 RCW, or a substantially similar law of any political subdivision of this or any other state; or
b. Is known to have been arrested for a drug-related crime that resulted in the person’s participation in a diversionary program, deferral program, drug court or similar program; or
c. Displays physical characteristics or behaviors of drug intoxication and usage, such as “needle tracks”; or
d. Is in possession of marijuana in a manner not authorized by RCW 69.50.4013 and/or in amounts exceeding those in RCW 69.50.360(3);
2. Whether the person is currently subject to an order from any court prohibiting their presence in a high drug activity geographic area, such as an order issued pursuant to ACC 9.24.020;
3. Whether the person’s current observed behavior raises a reasonable suspicion that they are currently or are about to engage in unlawful drug-related activity, including (by way of example only) acting as a “lookout”;
4. Whether a police officer is able to identify the person based on articulable factors as a member of a “gang” or association that engages in illegal drug activity. Such factors may include, but are not limited to: clothing, tattoos, known association and/or affiliation with such a gang or association, specific and observed acts or circumstances consistent with drug-related activity, and gestures, signs, greetings and movements that are consistent with gang-related activity. The person’s clothing alone shall not be sufficient to support such an identification;
5. Whether the person is observed furtively transferring small objects or packages for currency;
6. Whether the person flees upon the appearance of a police officer;
7. Whether the person manifestly endeavors to conceal themselves or any object which reasonably could be involved in an unlawful drug-related activity;
8. Whether the area where the person is observed loitering is known to police or to the public as an area of unlawful drug use and trafficking or a place suspected of drug activity pursuant to Chapter 69.53 RCW; and
9. Whether any vehicle involved in the observed activity is registered to a known unlawful drug user, possessor, or seller, or to a person with an active bench warrant for a crime involving drug-related activity.
C. Penalty. Violation of this section is a gross misdemeanor punishable by up to 364 days in jail and/or a $5,000 fine. (Ord. 6825 § 2 (Exh. A), 2021; Ord. 6659 § 2, 2018.)