Downey, CA Public Conduct: Loitering Rules (2026)
Key Facts
- Governing section
- Downey Municipal Code § 4107.5
- Penalty
- Misdemeanor
- Key factor example
- Known drug convictions or active court order
- Related offense
- § 4107.6 gang loitering, also misdemeanor
- Adopted
- Ordinance 958, March 9, 1993
Summary
Downey Municipal Code §4107.5 makes it a misdemeanor to loiter in a public or private place under circumstances showing intent to engage in drug-related activity. Officers may weigh factors including known drug convictions, active court orders barring the person from the area, signs of drug use like needle tracks, and furtive exchanges of small packages for currency.
(a) It is unlawful for any person to loiter in, on or near any public or private property or thoroughfare in a manner and under circumstances manifesting the purpose or the intent to engage in drugrelated activity defined as criminal offenses in Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code. ... (c) Violations of this Section 4107.5 shall constitute a misdemeanor.
Full Breakdown
5 of Division 10 of the California Health and Safety Code. Subsection (b) lists six non-exclusive circumstances an officer may weigh: the person has no legitimate business purpose or bona fide intent to exercise a constitutional right on the property and appears to manifest drug-activity intent; the person is a known unlawful drug user, possessor or seller with a prior conviction known to the arresting officer; the person is currently subject to a court order barring their presence in that area; the person displays behavior suggesting imminent or ongoing drug activity, including needle tracks, visible drug paraphernalia, or furtively exchanging small packages for currency; the person is identified by the arresting officer as an active gang member whose gang has engaged in drug activity; or the person loiters near premises reported to police as a drug-activity location, within six feet of a vehicle registered to a known drug offender, or near someone with an outstanding drug-related warrant.
6, makes it a misdemeanor for a criminal street gang member to loiter in a public place to publicize gang territory or conceal drug commerce, and imposes liability on a parent who knowingly allows a minor to violate it.
Violations & Fines
Loitering under circumstances that manifest an intent to engage in drug-related activity, as described by any of the six factors in §4107.5(b), is a misdemeanor. The related gang-loitering offense in §4107.6 is also a misdemeanor, and a parent or guardian who knowingly permits, or through insufficient control allows, a minor to violate the gang-loitering section is separately guilty of a misdemeanor.
Frequently Asked Questions
Can I be arrested just for standing somewhere in Downey?
What is the penalty for drug-related loitering in Downey?
Does a prior drug conviction affect a loitering charge in Downey?
Sources & Official References
Other rules in Downey
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Loitering Rules in Nearby Cities
How other cities in Los Angeles County handle loitering rules.