Durham, NC Public Conduct: Loitering Rules (2026)
Key Facts
- Governing section
- City Code § 46-150
- Covers
- Public places: streets, sidewalks, lots, city property
- Requires
- Repeated conduct tied to drug transactions
- Penalty
- Misdemeanor under § 1-9
- Related rule
- Bus-terminal loitering banned, § 50-1
Summary
Durham's loitering ordinance, City Code § 46-150, doesn't criminalize standing around generally: it targets repeated conduct in a public place tied to drug transactions, like beckoning passersby or stopping cars to exchange money for controlled substances. A separate, narrower rule at § 50-1 bans loitering on a bus terminal platform without a ticket or business there.
(a)For the purpose of this section, "public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or the doorways and entranceway to any building which fronts on any of those places or a motor vehicle in or on any of those places, or any property owned by the city.(b)If a person remains or wanders about in a public place and:(1)Repeatedly beckons to, stops, or attempts to stop passersby, or repeatedly attempts to engage passersby in conversation;(2)Repeatedly stops or attempts to stop motor vehicles;(3)Repeatedly interferes with the free passage of other persons; or(4)Repeatedly passes to or receives from passersby, whether on foot or in a vehicle, money or objects for the purpose of violating any subdivision of the North Carolina Controlled Substances Act, G.S. 90-86 et seq. That person is guilty of a misdemeanor and, upon conviction, shall be punished in the manner prescribed by section 1-9.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
Section 46-150 defines "public place" broadly to include any street, sidewalk, bridge, alley, plaza, park, driveway, parking lot, transportation facility, doorways fronting those places, a vehicle in or on those places, or any city-owned property. S. ). Because each listed act must be "repeated" and tied to a controlled-substances purpose, isolated or innocuous loitering, sitting on a bench, waiting for a friend, panhandling without a drug nexus, falls outside this particular section. Separately, City Code § 50-1 makes it unlawful for anyone without tickets or business with transit officials to loaf or loiter on the platform or premises of a bus terminal, a narrower, transit-specific loitering rule enforced independently of the drug-related statute.
Violations & Fines
A person who loiters for drug-related purposes under § 46-150 is guilty of a misdemeanor and, upon conviction, is punished under City Code § 1-9. Loitering at a bus terminal under § 50-1 is likewise a misdemeanor, with any other Code remedy also available.
Frequently Asked Questions
Is it illegal to just stand on a Durham sidewalk?
What does "repeatedly" mean under Durham's loitering law?
Can I be cited for loitering at a Durham bus stop?
Sources & Official References
Other rules in Durham
Compare Durham to another location·View the North Carolina public conduct overview
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