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(1) It is unlawful for any person to remain in or near any thoroughfare or place open to the public, in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of Chapter 69.41, 69.50, or 69.52 RCW. Loitering for the purpose of engaging in drug-related activity is a misdemeanor.

(2) Among the circumstances which may be considered in determining whether such purpose is manifested are:

(a) Such 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, delivery or sale of any of the substances referred to in Chapters 69.41, 69.50 and 69.52 RCW, or such person has been convicted of any provision of said chapters of the Revised Code of Washington 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 usage, such as “needle tracks”; or a person who possesses drug paraphernalia as defined in PMC 9.45.020;

(b) Such person is currently subject to an order 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 by way of example only, such person acting as a “lookout”;

(d) Such person is physically identified by the officer as a member of a gang or association, which has as its purpose illegal drug activity;

(e) Such person transfers small objects or packages for currency in a furtive fashion;

(f) Such person takes flight upon the appearance of a police officer;

(g) Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;

(h) Such person refuses to identify himself or herself upon the request of an identified police officer;

(i) The area involved is known to the arresting officer to be an area of unlawful drug use and trafficking on the basis of past arrests by the Pasco Police Department or other law enforcement agency, articulable facts known by the officer, or intelligence information gathered by the Pasco Police Department and made known to the officer;

(j) The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to Chapter 69.52 RCW; or

(k) Any vehicle involved is 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.

These examples are not exclusive, but merely demonstrate some of the types of conduct that may be considered in determining whether an unlawful purpose or intent is manifested.

(3) Unless flight by the person or other circumstances make it impractical, a police officer shall, prior to any arrest for an offense under this chapter, allow the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him or her to identify him or herself and explain his or her presence and conduct.

(4) No person shall be convicted of an offense under this provision if the police officer did not comply with the preceding section, or if it appears at trial that the explanation given by the person was true and disclosed a lawful purpose. [Ord. 3489 § 5, 2001; Code 1970 § 9.38.010.]