Spokane Municipal Code

Title 10 Regulation of Activities

Division IV. Local Criminal Violations

Chapter 10.60 Local Criminal Code

Section 10.60.030 Loitering for the Purpose of Engaging in Drug-related Activity

1. No person may loiter in or near any thoroughfare, skywalk, park, school or any place open to the public in a manner and under circumstances manifesting a purpose to engage in drug-related activity contrary to any of the provisions of chapter 69.41 RCW, chapter 69.50 RCW or chapter 69.52 RCW.

2. No arrest may be made under this section unless the arresting officer first affords the subject an opportunity to explain such conduct. It is a defense under this section that the explanation given was true and disclosed a lawful purpose.

3. Circumstances which may be considered in determining whether a purpose to engage in drug-related activity contrary to any of the provisions of chapter 69.41 RCW, chapter 69.50 RCW or chapter 69.52 RCW is manifested include, but are not limited to, the following:

1. The person is a known unlawful drug user. A “known unlawful drug user” is a person who:

1. has, within the knowledge of the arresting officer, been convicted:

1. in any court within this state, including a juvenile court, of any violation involving the use, possession or sale of any of the substances referred to in chapter 69.41 RCW, chapter 69.50 RCW and chapter 69.52 RCW; or

2. of any violation of any of the provisions of said chapters of the Revised Code of Washington or substantially similar laws of any:

a.) political subdivision of this state, or

b.) other state; or

2. displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or

3. possesses drug paraphernalia as defined in chapter 69.50 RCW; or

4. has, within the knowledge of the arresting officer, used, possessed or sold any controlled substance in violation of any of the provisions of chapter 69.41 RCW, chapter 69.50 RCW or chapter 69.52 RCW, regardless of whether the person was arrested for such use, possession or sale.

2. The person is currently subject to an order prohibiting his presence in a high drug activity geographic area.

3. The area involved is by public repute known to be an area of unlawful drug use and trafficking.

4. The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to chapter 69.53 RCW.

5. The person behaves in such a manner as to raise a reasonable suspicion that he is about to engage in or is then engaged in an unlawful drug-related activity, including, by way of example only, acting as “lookout.”

6. The person is identified by the officer as a member of an association, group, organization or gang which has illegal drug activity as one it its significant characteristics, history or purpose.

7. The person transfers small objects or packages for currency in a furtive fashion.

8. The person takes flight upon the appearance of a police officer.

9. The person manifestly endeavors to conceal himself or any object which reasonably could be involved in an unlawful drug-related activity.

10. The person refuses to identify himself upon request of an identified police officer.

11. There is being used a vehicle known to be registered to a:

1. known unlawful drug user, or

2. person for whom there is an outstanding warrant for a crime involving drug-related activity.

4. In determining whether a person is manifesting a purpose to engage in drug-related activity contrary to any of the provisions of chapter 69.41 RCW, chapter 69.50 RCW or chapter 69.52 RCW, the cumulative knowledge of all officers involved may be considered by the arresting officer.

Date Passed: Monday, October 3, 2022

Effective Date: Monday, October 3, 2022

ORD C36289 Section 4