§ 2317.50. Loitering in aid of drug offenses.

(A)

No person, while in or about a public place, shall do any of the following with purpose to commit or aid the commission of a drug abuse offense:

(1)

Repeatedly beckon, stop, attempt to stop, or engage passers-by or pedestrians in conversation; or

(2)

Repeatedly stop or attempt to stop motor vehicles; or

(3)

Repeatedly interfere with the free passage of other persons; or

(4)

Direct pedestrians or motorists through words, hailing, waving of arms, pointing, signaling or other bodily gestures to a person or premises where controlled substances are possessed or sold; or

(5)

Transfer small objects or packages in a furtive or surreptitious fashion in exchange for currency or any other thing of value, such as to lead an observer to believe or ascertain that a drug sale has or is about to occur; or

(6)

Act as a lookout by communicating the fact that law enforcement officers are in the vicinity to another person, in a manner which suggests that the communication is a warning.

(B)

For purposes of this section, the term "drug abuse offense" has the same meaning as found in Section 2925.01(G) of the Revised Code. The term has the same meaning as "controlled substance" as found in Section 3719.01(C) of the Revised Code.

(C)

For purposes of this section, the term "public place" means an area of property, either publicly owned or to which the public has access, and includes but is not limited to streets, alleys, sidewalks, rights-of-way, bridges, plazas, parks, driveways, parking lots, transportation facilities, or other place open to the public, the doorways, entrances, porches, passageways, and roofs to any such building which fronts on any of the aforesaid places, or motor vehicles in or upon such places.

(D)

No arrest shall be made for a violation of this section until the arresting officer first requests and affords such person an opportunity to explain such conduct. No person shall be convicted if it appears that the explanation rendered is true and the surrounding circumstances disclosed a lawful purpose.

(E)

(1)

Whoever violates this section is guilty of loitering in aid of drug offenses, a misdemeanor of the first degree.

(2)

If the offense occurred in a school building, on school premises, or within one thousand (1,000) feet of the boundaries of school premises, public library premises, community center premises, or playground premises, then the court shall impose a mandatory jail term of at least ten (10) consecutive days during which mandatory jail term the defendant shall not be eligible for work release.

(Ord. 2535-94; Ord. No. 0262-2012, § 1, 4-30-2012)