ARTICLE XI


LOITERING and ILLEGAL DRUG ACTIVITY, PROHIBITED



SEC.

15-850.00 Definitions


As used herein, words and terms shall have the following meanings:

(1) Conviction - an adjudication of guilt pursuant to C.C.R.P. Article 934, or the equivalent provisions of any federal statute, state statute, or ordinance of any political subdivision of this state, and includes a verdict of guilty, a finding of guilty and an acceptance of a plea of guilty.

(2) Drug paraphernalia - as the same is defined in LSA R.S. 40:1031A.

(3) Illegal drug activity - unlawful conduct contrary to any provision of LSA R.S. 40:966 through 40:971.1, or the equivalent federal statute, state statute(s), or ordinance(s) of any political subdivision of this state.

(4) Known drug trafficker - a person who has, within the knowledge of the arresting officer, been convicted within the last two (2) years in any court of any illegal drug activity.

(5) Public place - any area generally visible to public view, including, but not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, transit stations, shelters and tunnels, automobiles (whether moving or not), and buildings, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing same. (Ord. 93-1725, adopted 04/15/93)

SEC.

15-850.01 Drug Traffic Loitering


    A person is guilty of drug-traffic loitering if he or she remains in a public place and intentionally solicits, induces, entices, or procures another to engage in unlawful conduct contrary to LSA R.S. 40:966 through 40:971.1. (Ord. 93-1725, adopted 04/15/93)

SEC.

15-850.02 Prohibited Conduct


    Among the circumstances which may be considered in determining whether the person intends such prohibited conduct are that he or she:

    (1) Is seen by the officer to be in possession of drug paraphernalia; or

    (2) Is a known drug trafficker; or


    (3) Repeatedly beckons to, stops or attempts to stop passers by, or engages passers by in conversation; or

    (4) Repeatedly stops or attempts to stop motor vehicle operators by hailing, waiving of arms or any other bodily gesture; or

    (5) Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians; or

    (6) Is the subject of any court order, which directs the person to stay out of any specified area as a condition of release from custody, a condition of probation or parole or other supervision or any court order, in a criminal or civil case involving illegal drug activity; or

    (7) Has been evicted as the result of his or her illegal drug activity and ordered to stay out of a specified area affected by drug-related activity.

    A person is not guilty of drug-traffic loitering if he or she merely remains in a public place without also intentionally soliciting, inducing, enticing, or procuring another to engage in unlawful conduct contrary to LSA R.S. 40:966 through 40:971.1. (Ord. 93-1725, adopted 04/15/93)

SEC.

15-850.03 Violation; Penalty


    A violation of any of the provisions of this Article shall constitute a misdemeanor punishable under Sec. 1-008.00 of the Code of Ordinances of St. Tammany Parish. For each day a violation occurs, the same shall constitute a separate offense regardless of whether said violation is of a continuing nature.    (Ord. 93-1725, adopted 04/15/93)

SEC.

15-850.04 Enforcement


    The enforcement responsibility of the provisions herein is authorized, directed and empowered to the St. Tammany Parish Sheriff, the Louisiana State Police, and any bona fide or deputized police officer of a municipal law enforcement agency in St. Tammany Parish. (Ord. 93-1725, adopted 04/15/93)

SECS. 15-850.05 - 15-899.99 Reserved