Subtitle 26 – Loitering - Drug-Free Zones

the illegal manufacture, distribution, possession, and administration of drugs and other unlawful drug-related activities is a City-wide evil of substantial and urgent proportions, constituting a clear and present danger to the citizens of the City;

innocent persons, including children, who come into contact with illegal drug-related activity are seriously and adversely affected and their health and safety are jeopardized by the violence and materials (such as discarded syringes) associated with these practices; and

criminalizing the act of loitering about or using places within a certified drug-free zone for the purpose of engaging in drug-related activity is a necessary exercise of the police power to maintain the peace, good government, health, and welfare of Baltimore City.

The Police Commissioner may establish, alter, recertify, or terminate the certification of drug-free zones from time to time.

But any such certification will expire 3 months from the date of its certification unless recertified for an additional 3 months prior to expiring.

arrests or other statistical criteria for reporting crime accepted and relied upon by law enforcement agencies which indicate a disproportionately high occurrence of illegal drug possession or distribution activity in the proposed drug-free zone;

1 homicide or more than 1 instance of violent crime verified to have been related to the possession or distribution of illegal drugs committed within the previous 6-month period within the proposed drug-free zone;

reliable, objective, and verifiable information that indicates illegal drug activity is occurring in an area listed in § 26-1 herein or any other identifiable area legally accessible to the public;

any other verifiable information accepted by law enforcement agencies that indicates to the Commissioner that the health or safety of residents that live in or near the proposed drug-free zone are endangered by the possession or distribution of illegal drugs.

Prior to certifying or recertifying a drug-free zone, the Police Commissioner shall:

The Commissioner shall cause to be disseminated to all police enforcement personnel a current list of certified drug-free zones.

It is unlawful for any person to loiter about or remain at any public way, public place, or place open or legally accessible to the public within a certified drug-free zone, as herein provided, for the purpose of engaging in drug-related activity that is prohibited by any of the provisions of <cite data-doc="Md. Code" data-path="27">Article 27, Subtitle Health-Controlled Dangerous Substances of the Maryland Code</cite> relating to the manufacture, distribution, sale, possession, or administration of substances covered therein.

A “known unlawful drug user, possessor, or seller” is:

In making a determination that a person is loitering about or remaining in any public way, public place, or place open or legally accessible to the public within a certified drug-free zone, as herein provided, for the purpose of engaging in prohibited drug-related activity, the totality of the circumstances involved shall be considered.

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

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.

The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.