§ 10-8-9. Regulation of drug/gang-related lingering or loitering.

The purpose of this section and legislation is to regulate and punish violations of the act of illegal drug-related loitering/lingering. Exclusion: the activity of loitering/lingering does not include any activity by a person who passively stands or sits without addressing any solicitation to any specific person other than in response to any inquiry by that person, and in no manner intimidates or uses aggressive behavior.

A.

Generally. It is unlawful for any person to linger or loiter alone or congregate with others upon any public street or sidewalk, public buildings, or other public place, school grounds, playing fields, park or recreation buildings, in such a manner and under circumstances manifesting the purpose of selling or purchasing illegal drugs or effecting a pattern of criminal gang activity, so as to obstruct pedestrian or vehicular traffic, and refuse to cease such obstruction when ordered to by police.

B.

Definitions. For the purposes of this section, certain terms shall have the meaning as ascribed to them in this subsection, unless the context clearly indicates otherwise.

Aggressive behavior means to attempt to or to initiate conversation with intent to offer, sell, purchase, or intimidate another person into giving money or goods in exchange for illegal drugs or against their will.

Gang means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of a criminal act as defined in the Tennessee Code Annotated, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

Illegal drugs means any controlled or restricted substance or drug, the sale of which is prohibited by the Tennessee Code Annotated.

Intimidate means to engage intentionally in conduct which would make a reasonable person fearful or feel compelled. A person commits the offense of intimidating others from exercising civil rights who injures or threatens to injure or coerce another person with intent to unlawfully intimidate another from the free exercise or enjoyment of a right or privilege secured by the constitution or laws of the State of Tennessee.

Known drug dealer means a person who, within one year previous to the date of citation for violation of this section, has, within the knowledge of the enforcing officer, been convicted of a crime involving the sale of illegal drugs or a crime involving the possession of illegal drugs with the intent to sell.

Known drug purchaser means any person who, within one year previous to the date of a citation for violation of this section, has, within the knowledge of the enforcing officer, been convicted of a crime involving the purchase of illegal drugs.

Known gang associate/member means a person who, within one year previous to the date of a citation for violation of this section, has, within the knowledge of the enforcing officer, been convicted of a crime committed while the person was associated with or a member of a gang, or convicted of a crime committed in conjuncture with criminal gang activity.

Lingering or loitering means to lounge about idly or to linger, to stay unnecessarily, whether on foot or in or upon a motorized or nonmotorized vehicle.

Obstruct pedestrian or vehicular traffic means when a person without legal privilege intentionally, or knowingly walks, stands, sits or places any object in such a manner as to cause another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest shall not constitute obstruction of pedestrian or vehicular traffic.

Park means all public parks and public recreation areas, whether leased or owned, which have been or shall be adopted by the city park commission.

Pattern of criminal gang activity means the commission, attempted commission or solicitation of one or more of the following by two or more persons who are members of a gang as defined in this section, provided at least one of those offenses occurred within three years after a prior offense, and the offenses are committed on separate occasions, or by two or more persons:

1.

Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined by Tennessee Statutes;

2.

Robbery, as defined by the Tennessee Code Annotated;

3.

Unlawful homicide or manslaughter, as defined by the Tennessee Code Annotated;

4.

The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances, as defined in the Tennessee Code Annotated;

5.

Shooting at an inhabited dwelling or occupied motor vehicle, as defined in the Tennessee Code Annotated;

6.

Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in the Tennessee Code Annotated;

7.

Arson, as defined in the Tennessee Code Annotated;

8.

(Grand) theft, as defined in the Tennessee Code Annotated;

9.

Burglary, as defined in the Tennessee Code Annotated;

10.

Rape, as defined in the Tennessee Code Annotated;

11.

Money laundering, as defined in the Tennessee Code Annotated;

12.

Kidnapping, as defined in the Tennessee Code Annotated;

13.

Felony extortion, as defined in the Tennessee Code Annotated;

14.

Felony vandalism, as defined in the Tennessee Code Annotated;

15.

The sale, delivery, or transfer of a firearm as described in the Tennessee Code Annotated;

16.

Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of the Tennessee Code Annotated.

Public building means a building belonging to the federal government, to the state or to the city, whether owned or leased, and any church, meetinghouse or other building generally used for religious worship or any university, college, academy, school or other building used for educational purposes.

Public place means any area within the Memphis city limits that is city, state or federally owned or controlled and accessible to the general public, including but not limited to buildings, streets, schools, sidewalks, bridges, alleys, plazas, parks, driveways and parking lots.

School means all public primary, middle and high schools, colleges, academies and other buildings and grounds, whether leased or owned, generally used for educational purposes.

C.

Prohibited conduct. It shall be a violation of this section for any person who is a known drug dealer or purchaser, as defined in this section, to loiter in any public place in a manner and under circumstances manifesting the purpose of selling or purchasing illegal drugs or for any known gang associate/member, as defined in this section, to loiter in any public place in a manner and under circumstances manifesting engagement in a pattern of criminal gang activity. In determining whether the prohibited conduct, as stated above, is manifested, the following circumstances may be considered:

1.

That such person repeatedly beckons to, stops or attempts to stop passerby or pedestrians and engages or attempts to engage them in conversation with intent to offer, sale, purchase, or intimidate that person into giving money or goods in exchange for illegal drugs or to place that person in such a situation as to be the victim of a criminal act;

2.

That such person repeatedly stops or attempts to stop motorized or nonmotorized vehicle operators by hailing, waiving of arms or other bodily gestures so that they may engage them in conversation with intent to offer, sale, purchase, or intimidate that person into giving money or goods in exchange for illegal drugs or to place that person in such a situation as to be the victim of a criminal act.

D.

Proof of guilt. No person shall be found to have violated this section unless such person is:

1.

A known drug dealer or drug purchaser as defined in this section;

2.

A known gang associate or member as defined in this section;

3.

Engaging in prohibited conduct, as defined in this section;

4.

Loitering in any public place in a manner and under circumstances manifesting the purpose of selling or purchasing illegal drugs or engaging in prohibited conduct, as defined in this section;

5.

Loitering in any public place in a manner and under circumstances manifesting engagement in a pattern of criminal gang activity as defined in this section; and/or

6.

Refusing to cease such conduct when ordered to by a law enforcement officer and/or resumes such conduct after being ordered to cease by the officer.

E.

Penalties for violations. Any person found in violation of any one or all of the subsections of this section is deemed guilty of a misdemeanor and upon conviction thereof subject to penalties as set under section 1-24-1.

F.

Posted property. Authorization is given for the posting of appropriate signs, as may become necessary and desirable in order to: (1) protect minors in such parks, school grounds and other public property; (2) assist the police in crime prevention; (3) protect the public from crime and mischief; and (4) promote the public good, safety and welfare.

(Code 1985, § 20-30; Ord. No. 4400, § 1, 3-19-1996)