Gastonia, NC Public Conduct: Loitering Rules (2026)
Key Facts
- Penalty
- Up to 30 days jail and $500 fine
- Enforcing agency
- Gastonia Police Department
- "Repeatedly" means
- Three or more times
- Code section
- City Code § 5-20
- Public place includes
- Private property open to the public
Summary
Gastonia makes it unlawful to loiter in a public place under circumstances that show intent to violate North Carolina's Controlled Substances Act. Police build probable cause from listed conduct, like repeatedly flagging down cars or passing items to passersby. Violators face a misdemeanor charge carrying up to 30 days in jail and a $500 fine.
It shall be unlawful for a person to remain or wander about in a public place in a manner and under circumstances manifesting an intent to engage in a violation of any provision of the North Carolina Controlled Substances Act, North Carolina General Statutes, chapter 90, article 5. A law enforcement officer may arrest for a violation of this section if the circumstances, taken as a whole, establish probable cause to believe that a person is manifesting an intent to violate the North Carolina Controlled Substances Act in a public place, as defined by this section. ... A violation of any provision of this section shall constitute a misdemeanor punishable by imprisonment for up to 30 days and/or a criminal fine in the amount of $500.00.
Full Breakdown
Section 5-20 of the Gastonia Code of Ordinances targets loitering tied to drug activity rather than loitering generally. chapter 90, article 5. A Gastonia police officer may arrest someone under this section when the totality of circumstances establishes probable cause, drawing on ten enumerated factors: repeatedly beckoning to or stopping passersby or motor vehicles, repeatedly interfering with the free passage of others, being a known unlawful drug user or seller, behaving in a way that creates reasonable suspicion of drug activity, repeatedly exchanging money or objects with passersby, fleeing from an officer, frequenting a known drug location, occupying a vehicle registered to a known drug offender, or exchanging money or objects with the occupants of such a vehicle.
"Repeatedly" is defined in the ordinance as three or more times. "Public place" is written broadly to include streets, sidewalks, parks, schools, apartment common areas, businesses open to the public, and any private property adjoining those areas to which the public has ready access. A "known unlawful drug user, possessor, or seller" means someone previously convicted of a drug crime in any North Carolina court or under a substantially similar law elsewhere. The section was originally adopted as Code 1982 § 5-17 and last amended February 15, 1994.
Violations & Fines
A conviction under section 5-20 is a misdemeanor punishable by up to 30 days' imprisonment and/or a $500.00 criminal fine, per subsection (e). Gastonia Police Department officers make the arrest based on probable cause built from the enumerated factors; the ordinance does not create a separate civil-citation track the way the city's noise ordinance does under section 5-41.
Frequently Asked Questions
Does Gastonia ban loitering in general?
What behavior can get someone arrested under this section?
What counts as a 'public place' under the ordinance?
Sources & Official References
Other rules in Gastonia
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