HomeMy WebLinkAboutORDINANCES - 08081995 - 95-39 4 i
ORDINANCE 95-39
(Loitering For Purposes of Drug-Related Activities)
The Contra Costa County Board of Supervisors ordains as
follows (omitting the parenthetical footnotes from the official
text from the enacted provisions of the County Ordinance Code) .
SECTION I . Chapter 54-18 is added to the Contra Costa County
Ordinance to read as follows :
CHAPTER 54-18 LOITERING FOR PURPOSES OF DRUG-RELATED
ACTIVITIES
54-18 . 002 Purpose. Persons loitering in, on, or near any
thoroughfare or place open to the public or near any public or
private place with the intent to buy, sell, transfer, possess, or
use illegal drugs pose a serious threat to the health, safety,
and welfare of citizens, including neighboring residents and
passers-by. Because of the increasing danger that such activity
creates, this ordinance is needed to protect the public health,
safety, and welfare.
(Ord. 95-39 . )
54-18 . 004 Acts Prohibited. It is unlawful for any person
to loiter in, on, or near any thoroughfare or place open to the
public or near any public or private place in a manner and under
circumstances manifesting the purpose of engaging in drug-related
activity defined as offenses in Chapters 6 and 6 .5 of Division 10
of the California Health and Safety Code.
(Ord. 95-39 . )
54-18 . 006 Circumstances . Any of the following
circumstances may be considered in determining whether the
purpose of engaging in drug-related activity is manifested by a
loitering person, and such circumstances are not exclusive:
( 1) The person is a known unlawful drug user, possessor, or
seller. For purposes of this chapter, 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 of the substances referred to in Chapters 6 and
6 .5 of Division 10 of the California Health and Safety Code.
(2 ) The person displays physical characteristics of drug
intoxication or usage, such as "needle tracks . "
( 3) The person possesses drug paraphernalia.
(4) The person is currently subject to an order prohibiting
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ORDINANCE NO. 95-39
his or her presence in a high drug activity geographic area.
(5) The 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, acting as a "lookout. "
(6 ) The person is physically identified by the officer as a
member of a "gang, " or association which has as a purpose illegal
drug activity.
( 7 ) The person transfers small objects or packages for
currency in a furtive fashion.
( 8) The person takes flight upon the appearance of a police
officer.
(9 ) The person tries to conceal himself or herself or any
object which reasonably could be involved in an unlawful drug-
related activity.
( 10) The person is in a geographic area that is known for
unlawful drug use and trafficking.
( 11 ) The person is on or in premises that have been reported
to law enforcement as a place suspected of unlawful drug
activity.
( 12 ) The person is in or within six feet of any vehicle
registered to a known unlawful drug user, possessor, or seller,
or person for whom there is an outstanding warrant for a crime
involving drug-related activity.
(Ord. 95-39 . )
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ORDINANCE NO. 95-39
SECTION II . Effective Date. This ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once with the names of supervisors, voting for and
against it in the CONTRA COSTA TIMES , a newspaper published
in this County. (Gov: Code, §§ 25123 & 25124 . )
PASSED ON August 8 . 1995 , by the following
vote:
AYES: Supervisors Rogers , DeSaulnier, Torlakson and Bishop
NOES : Supervisor Smith
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board and Count Administrator
By:
uty Board Chair
[SEAL]
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ORDINANCE NO. 95-39