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Gastonia, NC Public Conduct: Loitering Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
No. Section 5-20 only reaches loitering that manifests an intent to violate North Carolina's Controlled Substances Act. Standing around a public place with no connection to drug activity is not covered, and officers must point to specific listed factors, not just a hunch, to support an arrest.
What behavior can get someone arrested under this section?
Officers look at the totality of circumstances, including repeatedly flagging down passersby or vehicles, exchanging money or objects with occupants of a car tied to a known drug offender, fleeing from police, or being at a location known for drug activity. Any one factor alone may not be enough.
What counts as a 'public place' under the ordinance?
It is defined broadly: streets, sidewalks, parks, school grounds, common areas of apartment or public housing complexes, businesses open to the public, and even private property adjoining those areas if the public has ready access to it, plus vehicles located in any of those areas.

Sources & Official References

Other rules in Gastonia

All Gastonia rules

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