SEC. 5-131.20. FINDINGS:
The City Council finds and declares that the problems associated with the dealing and use of controlled substances are increasing rapidly, causing immediate and imminent danger to the public health and safety and to property in the areas where illegal drug use and dealing are taking place. The City Council further finds and declares that the problems associated with illegal drug use and dealing impair the use and enjoyment of property owned or rented by law-abiding citizens. The City Council further finds that current State law does not preempt nor adequately address the problems associated with illegal drug use and dealing activity. Therefore, it is necessary for the City Council to establish regulations to restrict the use of public thoroughfares, places open to the public, or any place near any public or private place to prohibit activity which reasonably manifests the intent to engage in drug-related activity contrary to the provisions of the California Health and Safety Code. It is not the intention of the City Council to place a restriction on the use of any such areas when such use is legally and constitutionally permissible.
(Added by Ordinance 016-93-C.S. — Effective July 2, 1993)
SEC. 5-131.21. UNLAWFUL CONDUCT:
It shall be unlawful and a misdemeanor for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place with the intent to engage in drug related activity contrary to any of the provisions of the California Health and Safety Code.
(Added by Ordinance 016-93C.S. — Effective July 2, 1993)
SEC. 5-131.22. CIRCUMSTANCES MANIFESTING THE INTENT TO ENGAGE IN DRUG-RELATED ACTIVITY:
The circumstances and acts which are factors which may be considered under the totality of circumstances as evidence manifesting the intent to engage in drug-related activity include, but are not limited to, the following:
(a) Such person is a known unlawful drug user, possessor, buyer, or seller. For purposes of this Division, a "known unlawful drug user, possessor, buyer, 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, purchase, or sale of any of the controlled substances referred to in the California Uniform Controlled Substances Act as embodied in the California Health and Safety Code; or such person has been convicted of any violation of any of the provisions of said act 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"; or a person who possesses drug paraphernalia as defined in law.
(b) Such person is currently subject to an order of a court of competent jurisdiction prohibiting his or her presence in a high drug activity geographic area.
(c) Such 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, but not limited to, by way of example only, such person acting as a 'lookout."
(d) Such person is physically identified by the arresting officer as a member of a "gang" or association which has as its or one of its purposes illegal drug activity.
(e) Such person transfers or acquires in a furtive fashion small objects or packages for currency.
(f) Such person repeatedly beckons to, stops or attempts to stop, or repeatedly engages or attempts to engage in conversation with pedestrians or motorists in a public place with intent to sell, purchase, possess or transfer any controlled substance.
(g) Such person is in an area known by public repute to be an area of unlawful drug use and trafficking.
(h) Such person is on or in premises known to have been reported to law enforcement as a place suspected of drug-related activity.
(i) Such person is in or within six (6) feet of any vehicle registered to a known unlawful drug user, possessor, buyer, or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.
(j) Such person takes flight upon the appearance of a police officer.
(Added by Ordinance 016-93C.S. — Effective July 2, 1993)
SEC. 5-131.23. INCOMPATIBLE PROVISIONS; SEVERABILITY:
To the extent any provision of this Division is incompatible with or at variance with any prior adopted ordinance or resolution, the provisions of this Division shall take precedence, and all prior ordinances shall be interpreted to harmonize with and not change the provisions of this Division. If any Section, subsection, paragraph, sentence, clause, phrase, or word of this Division is declared by a court of competent jurisdiction, adjudicated to a full determination, to be void, this City Council finds that said voided Part is severable, and that this City Council would have adopted the remainder of this Division without the severed and voided Part, and that the remainder of this Division shall remain in full force and effect.
(Added by Ordinance 016-93C.S. — Effective July 2, 1993)
Stockton, CA 
