Sec. 94-112. Loitering for drug-related activities.
(a) It is unlawful for any person to loiter in or on any thoroughfare or place open to the public, including but not limited to streets, sidewalks, parks, and plazas or in or on any public or private place with the intent to engage in drug-related activities defined as offenses in C.R.S. tit. 18, art. 18(C.R.S. § 18-18-101 et seq.), including, but not limited to, attempts to acquire or dispense a prohibited substance. No person may be convicted of a violation of this section unless an overt act in pursuance of drug-related activity is proved to have been done by such individual.
(b) In this section prohibited substance shall have the same meaning as that ascribed to controlled substance as set forth in C.R.S. § 18-18-102.
(c) It is an affirmative defense to any prosecution under this section that the allege drug related activity was made:
(1) In furtherance of a transaction that would not constitute a violation of any applicable law; or
(2) By peace officer, federal law enforcement officer, or other law enforcement agent acting in the lawful discharge of an official duty. (Code 1979, § 27-76; Ord. No. 2007-24, § 1, 5-14-2007)