HomeMy WebLinkAboutCC ORD 1994-2079 Adds Ch. 10.24, loitering for drug activities (10.24)ORDINANCE NO. 9 4- 2 0 7 9
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADDING CHAPTER 10.24 TO THE
NATIONAL CITY MUNICIPAL CODE
PERTAINING TO LOITERING FOR DRUG ACTIVITIES
BE IT ORDAINED by the City Council of the City of National City that
Chapter 10.24 is hereby added to the National City Municipal Code, to read as follows:
Sections:
10.24.010
10.24.020
10.24.030
Chapter 10.24
LOITERING FOR DRUG ACTIVITIES
Acts Prohibited
Circumstances Manifesting Drug -Related Activity
Violation -- Penalty
10.24.010 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.
10.24.020 Circumstances Manifesting Drug -related Activity. Among
circumstances that may be considered in determining whether a person manifests the
purpose of engaging in drug -related activity are that the person:
A. is a known unlawful drug user, possessor, or seller. For purpose of
this chapter, a "known unlawful drug user, possessor, or seller" is:
1. a person who, within the knowledge of the arresting
officer, has been convicted in any court within California 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; or
Continued on Page Two
Ordinance No. 94-2079
Page 2 of 3
2. a person who has been convicted of any violation of
Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code
or substantially similar laws of any political subdivision of California or of
any other state; or
3. a person who displays physical characteristics of drug
intoxication or usage, such as "needle tracks"; or
4. a person who possesses drug paraphernalia as defined
in Section 11364.5 of the California Health and Safety Code; or
B. is currently subject to an order prohibiting his or her presence in a
high drug activity geographic area; or
C. 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, for example, acting as a "lookout"; or
D. is physically identified by an officer as a member of a "gang" or
association which has as its purpose illegal drug activity; or
E. transfers small objects or packages for currency in a furtive fashion;
or
F. takes flight upon the appearance of a police officer; or
G. tries to conceal himself or herself or any object which reasonably
could be involved in an unlawful drug -related activity; or
H. is in an area that is known for unlawful drug use and trafficking; or
I. is on or in premises that have been reported to law enforcement as
a place suspected of unlawful drug activity; or
J. is in or within six (6) feet of any vehicle registered to a known
unlawful drug user, possessor, seller, or person for whom there is an outstanding warrant
for a crime involving drug -related activity.
Continued on Page Three
Ordinance No. 94-2079
Page 3 of 3
10.24.030 Violation -- Penalty. Any person violating any provision of
this Chapter is guilty of a misdemeanor, punishable by a fine not exceeding one thousand
dollars, or by imprisonment not exceeding six months, or by both such fine and
imprisonment.
PASSED and ADOPTED this 6th day of September , 1994.
H. g aters, Mayor
George
ATTEST:
Ann
e Peoples, City Clerk
Lo
APPROVED AS TO FORM:
/3, sg„.
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California,
on Septa . ex.6., 1994 by the following vote, to -wit:
Ayes: Councilmen Dalla, Inzunza, Morrison, Zarate, Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen ...NOD
AUTHENTICATED BY:
pNA C
STATE
GEORGE H. WATERS
By:
Mayor of the City of National City, California
CLAc-g---•
i
City Clerk of the City of National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on August 23., 1994
and on .S eptember..6,..1994
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO 94-207 of the City of National City, passed
and adopted by the Council of said City on September 6, 1994
(Seal)
By:
City Clerk of the City of National City, California
Deputy