Bothell, WA Public Conduct: Loitering Rules (2026)

Bothell's loitering rule is aimed at drug activity. Section 9.04.010(H) defines "loiter" as "to linger or stay in a public place or area without a valid reason or purpose." Section 9.04.070(A) makes it unlawful to knowingly loiter in or near any prohibited area, thoroughfare, place open to the public, or public area or premises, including parking lots, parking facilities and commercial property open to the public, in a manner reasonably believed to be for the purpose of drug-related activity that violates Chapter 69.41, 69.50 or 69.52 RCW.

Lingering alone is not the offense. Section 9.04.070(B) lists the circumstances an officer weighs: the place (a designated prohibited area, or premises reported to law enforcement as suspected drug sites), the vehicle (registered to a known unlawful drug user, possessor or seller, or to someone with an outstanding warrant for a drug crime), and the person. The person factors include being a known unlawful drug user, acting as a lookout, repeatedly transferring objects or packages for currency in a furtive fashion, trying to conceal an object, known gang association, taking flight on the appearance of a police officer, being subject to a stay-out order, showing needle tracks, and possessing drug paraphernalia. Under § 9.04.070(C) the arresting officer can rely on the cumulative knowledge of all officers involved.

A "known unlawful drug user, possessor or seller" under § 9.04.010(F) is someone convicted of a drug infraction or crime within one year before the arrest, or who shows physical signs of use, or carries paraphernalia, or is under an order barring presence in a prohibited area.

Prohibited areas for Stay Out of Drug Areas (SODA) orders are created and ended by resolution of the Bothell City Council under § 9.04.050(B), on declarations from the police department, and an order ends two years after issuance unless the court sets another date (§ 9.04.050(E)).

Other loitering offenses live elsewhere in Title 9. Section 9.09.010 makes prostitution loitering a misdemeanor, and § 9.05.030 treats intentionally obstructing pedestrian or vehicular traffic as disorderly conduct, a misdemeanor, with an exception for constitutional picketing or legal protest.