§ 9-4-29. Loitering for the purpose of engaging in drug-related activity.

(a)

For the purpose of this section, "public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, parking lot or transportation facility or the doorways and entranceways to any building which fronts on any of those places, or a motor vehicle in or on any of those places, or any property owned by the city.

(b)

For the purpose of this section, 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 the South Carolina Controlled Substances Act, Code of Laws of South Carolina, Section 44-53-110, et seq., as amended 1976, or has been convicted of any violation of any substantially similar laws of any political subdivision of this state or of any other state or federal law.

(c)

It shall be unlawful for a person to remain or wander around in a public place in a manner and under circumstances manifesting the purpose to engage in a violation of any subdivision of the South Carolina Controlled Substances Act, Code of Laws of South Carolina, Section 44-53-110, et seq. as amended 1976, such circumstances shall include:

(1)

Repeatedly backing to, stopping, or attempting to stop passers-by or repeatedly attempting to engage passers-by in conversation;

(2)

Repeatedly stopping or attempting to stop motor vehicles;

(3)

Repeatedly interfering with the free passage of other persons;

(4)

Such person behaves in such a manner as to raise probable cause that he or she is about to engage in an unlawful drug-related activity;

(5)

Such person repeatedly passes to or receives from passers-by whether on foot or in a vehicle, money or objects;

(6)

Such person is at a location frequented by persons who use, possesses, or sells drugs; or

(d)

Violation . Any person loitering in any public place as defined above may be ordered by any police officer to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this article, and may be penalized under section 1-3-48. Nothing in this section shall be construed or enforced in such a manner as to restrict freedom or speech, religion, or association.

(e)

If any provision of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof.

(Ord. No. 94-11-28(E), 12/12/94; Ord. No. 2006-08-28(E), 8/28/06)