Loitering - Drug-Free Zones

Baltimore City Code art. 19, subtit. 26

in effect

Baltimore City Code, Article 19, § 26-1 “Certified drug-free zone” defined.

§ 26-1. “Certified drug-free zone” defined. A “certified drug-free zone” is a geographical area of Baltimore City certified as such by the Police Commissioner, including but not limited to identifiable segments of streets, alleys, walkways, parks, recreation centers, schools, bus stations, train depots, taxi stands, commercial parking lots, places of public accommodation and convenience, public housing complexes, and public access areas in residential apartment structures. (Ord. 90-561A; Ord. 89-375.)

Baltimore City Code, Article 19, § 26-2 Findings and declarations.

§ 26-2. Findings and declarations. The Mayor and City Council finds and declares that: (1) 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; (2) 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 (3) 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. (Ord. 04-672; Ord. 90-561A; Ord. 89-375.)

Baltimore City Code, Article 19, § 26-3 Commissioner to certify zones; term.

§ 26-3. Commissioner to certify zones; term. (a) In general. The Police Commissioner may establish, alter, recertify, or terminate the certification of drug-free zones from time to time. (b) 3-month limit. But any such certification will expire 3 months from the date of its certification unless recertified for an additional 3 months prior to expiring. (Ord. 22-124; Ord. 90-561A; Ord. 89-375.)

Baltimore City Code, Article 19, § 26-4 Considerations for certification.

§ 26-4. Considerations for certification. To determine whether to certify an area as a “drug-free zone”, the Commissioner shall consider the following: (1) 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; (2) 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; (3) 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; (4) 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. (Ord. 90-561A; Ord. 89-375.)

Baltimore City Code, Article 19, § 26-5 Public notices of zones.

§ 26-5. Public notices of zones. (a) Pre-certification notices. Prior to certifying or recertifying a drug-free zone, the Police Commissioner shall: (1) cause to be published at least 1 week prior to certifying a listing of the specific area to be certified in 1 or more newspapers of general circulation in Baltimore City; (2) provide written notice not less than 1 week prior to such certification to the Mayor and the President and members of the City Council of the specific area to be certified, including the boundaries of the area and the date when the certification will begin; (3) post at least 3 days prior to certification a notice in the area to be certified the boundaries of the certified drug-free zone, the date certification will begin and end, and a phone number to call for additional information; and (4) take any other steps necessary and reasonable to inform the community in and surrounding the area to be certified of such certification, including by way of example: use of mass media, publication in community newsletters or newspapers, meetings with Community groups and citizens, notification at community relations councils, or any other means deemed appropriate. (b) Dissemination of list of zones. The Commissioner shall cause to be disseminated to all police enforcement personnel a current list of certified drug-free zones. (Ord. 90-561A; Ord. 89-375.)

Baltimore City Code, Article 19, § 26-6 Prohibited conduct.

§ 26-6. Prohibited conduct. (a) In general. 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 Article 27, Subtitle Health-Controlled Dangerous Substances of the Maryland Code relating to the manufacture, distribution, sale, possession, or administration of substances covered therein. (b) Refusal to leave. (1) A police officer shall first request a person suspected of loitering under this subtitle within a drug-free zone to leave the premises. (2) Failure to obey the police officer shall subject the person to arrest. (Ord. 90-561A; Ord. 89-375.)

Baltimore City Code, Article 19, § 26-7 Considerations.

§ 26-7. Considerations. (a) “Known ... seller” defined. A “known unlawful drug user, possessor, or seller” is: (1) a person who has, within the knowledge of the arresting officer, been: (i) convicted in any court of any violation of a referenced provision of the referenced state code involving the regulation, use, possession, purchase, or sale of any of the substances referred to therein; or (ii) convicted of violating a substantially similar provision of federal law or such law of any other jurisdiction; (2) a person who displays physical characteristics of drug intoxication or usage, such as dilated pupils, glassy eyes, or “needle tracks”; or (3) a person who possesses drug paraphernalia as defined in Article 27, § 287A of the Maryland Code. (b) Totality of circumstances. 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. (c) Circumstances to consider. Among the circumstances which may be considered in determining whether such purpose is manifested are: (1) the conduct of the person being observed, including by way of example only, that such person is behaving in a manner raising a reasonable belief that the person is engaging or is about to engage in illegal drug activity such as: (i) the observable distribution of small packages to other persons; (ii) the receipt of currency for the exchange of a small package; (iii) operating as a “lookout”; (iv) warning others of the arrival of police; (v) fleeing without other apparent reason upon the appearance of a police officer; (vi) concealing himself or herself or any object which reasonably may be connected to unlawful drug-related activity; or (vii) engaging in any other conduct normally associated by law enforcement agencies with the illegal distribution or possession of drugs; (2) information from a reliable source indicating that the person being observed routinely distributes illegal drugs within the drug-free zone; (3) information from a reliable source indicating that the person being observed is currently engaging in illegal drug-related activity within the drug-free zone; (4) such person is physically identified by the officer as a member of a “gang” or association which engages in illegal drug activity; (5) such person is a known unlawful drug user, possessor, or seller; (6) such person has no other apparent lawful reason for loitering or remaining in the drug-free zone (e.g., such as waiting for a bus or being near one’s own residence); (7) any vehicle involved in the observed circumstances is registered to: (i) a known unlawful drug user, possessor, or seller; or (ii) a person for whom there is an outstanding arrest warrant for a crime involving drug-related activity. (Ord. 90-561A; Ord. 89-375.)

Baltimore City Code, Article 19, § 26-7.1 Enforcement by citation.

§ 26-7.1. Enforcement by citation. (a) In general. 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 Article 1, Subtitle 41 {“Civil Citations”}. (b) Method not exclusive. 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. (Ord. 03-596.)

Baltimore City Code, Article 19, § 26-8 Penalties.

§ 26-8. Penalties. Any person who violates the provisions of this subtitle is guilty of a misdemeanor and, upon conviction, shall be subject to imprisonment for not more than 30 days or a fine of not more than $400, or both. (Ord. 90-561A; Ord. 89-375.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/19/26Fetched: 10/25/2026