9.04.070 Drug loitering prohibited.
A. It is unlawful for any person to loiter in or near any prohibited area, thoroughfare, place open to the public, or any public or private place for the purpose of engaging in drug-related activity, which activity is in violation of Chapter 69.41 RCW (regarding legend drugs), Chapter 69.50 RCW (the Uniform Controlled Substances Act), or Chapter 69.52 RCW (regarding imitation controlled substances).
B. Among the circumstances which may be considered in determining whether the person’s manner or circumstance manifests an intent to engage in unlawful drug-related activities include:
1. The Place. The area where the person is loitering has been designated as a prohibited area; or the premises involved have been reported, to the knowledge of law enforcement officers, to be a place suspected of illegal drug-related activity; and
2. The Vehicle Involved. Any motor vehicle involved is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for arrest for a crime involving unlawful drug-related activity; and
3. The Person. The person loitering is:
a. A known unlawful drug user; or
b. The person is acting as a “lookout” by repeatedly leading, directing or responding to others for no obvious lawful purpose; or
c. The person repeatedly transfers objects or packages for currency in a furtive fashion other than in a retail transaction licensed under the business and occupation and sales tax ordinances of the city; or
d. The person manifestly endeavors to conceal themself or some object that reasonably could be involved in unlawful drug-related activity; or
e. The person is known by law enforcement officers to be a member of a “gang” or association that is known by law enforcement officers to be engaged in illegal drug activity; or
f. The person takes flight upon the appearance of a police officer; or
g. The person is currently subject to an order prohibiting the person’s presence in a high drug activity geographic area; or
h. The person displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or
i. The person possesses drug paraphernalia as defined in BMC 9.11.010. (Ord. 2218 § 1 (Exh. A), 2017).