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Memphis, TN Public Conduct: Loitering Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Who it covers
Known drug dealers/purchasers, gang members
Prior-conviction window
Within 1 year of the citation
Where it applies
Any public place citywide
Required officer step
Order to cease, per subsection D(6)
Penalty
Misdemeanor, § 1-24-1
Signage authority
Parks, schools, public property (subsec. F)

Summary

Memphis doesn't ban general loitering: it targets known drug dealers, drug purchasers, and gang members who loiter in a manner showing intent to sell, buy drugs, or engage in gang activity. Violators face a misdemeanor, and the ordinance only applies to people with a qualifying conviction in the past year.

C. Prohibited conduct. It shall be a violation of this section for any person who is a known drug dealer or purchaser, as defined in this section, to loiter in any public place in a manner and under circumstances manifesting the purpose of selling or purchasing illegal drugs or for any known gang associate/member, as defined in this section, to loiter in any public place in a manner and under circumstances manifesting engagement in a pattern of criminal gang activity... E. Penalties for violations. Any person found in violation of any one or all of the subsections of this section is deemed guilty of a misdemeanor and upon conviction thereof subject to penalties as set under section 1-24-1.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 32 | Charter: Supplement 4).

Full Breakdown

Memphis Code § 10-8-9 defines "lingering or loitering" as lounging about idly or staying unnecessarily, on foot or in a vehicle, and applies its prohibition narrowly rather than to the public at large. A "known drug dealer" or "known drug purchaser" is someone convicted, within the year before the citation and to the officer's knowledge, of selling illegal drugs or possessing them with intent to sell or of purchasing them. A "known gang associate/member" is someone similarly convicted of a crime committed while associated with a gang or connected to a pattern of criminal gang activity, defined in the section as two or more gang members committing offenses like assault, robbery, homicide, drug trafficking, drive-by shootings, arson, burglary, rape, kidnapping, or unlawful firearm possession.

Subsection C makes it a violation for a known dealer or purchaser to loiter in any public place manifesting intent to sell or buy drugs, or for a known gang member to loiter manifesting engagement in gang activity. Officers may weigh specific circumstances: repeatedly beckoning to or stopping pedestrians to offer, buy, or sell drugs, or repeatedly flagging down vehicles for the same purpose. Under subsection D, a conviction requires the person to be a known dealer, purchaser, or gang member or associate; to be engaged in the described conduct; and to have refused to stop when ordered by a law enforcement officer, or to have resumed after being ordered to stop.

The city is separately authorized under subsection F to post signage at parks, school grounds, and other public property to protect minors, assist police, and promote public safety.

Violations & Fines

A violation of § 10-8-9 is a misdemeanor, punishable per § 1-24-1. Conviction requires proof the person is a known drug dealer, purchaser, or gang associate/member with a qualifying conviction in the prior year, that the loitering conduct manifested drug or gang activity, and that the person refused to stop or resumed after a law enforcement officer ordered them to cease.

Frequently Asked Questions

Does Memphis have a general loitering ban?
No. Memphis Code § 10-8-9 only reaches loitering by people who are already known drug dealers, drug purchasers, or gang associates/members with a conviction in the past year, and only when the loitering manifests intent to buy or sell drugs or engage in gang activity: it does not criminalize loitering by the public generally.
What counts as a 'known drug dealer' under this ordinance?
Someone convicted, within one year before the citation and within the officer's knowledge, of a crime involving the sale of illegal drugs or possession of illegal drugs with intent to sell, per the definitions in § 10-8-9.
What has to happen before someone can be charged?
Under subsection D, the person must be a known dealer, purchaser, or gang member/associate, engaged in conduct manifesting drug or gang activity, and must refuse to stop, or resume the conduct, after a law enforcement officer orders them to cease.
What is the penalty for violating Memphis's loitering ordinance?
It's a misdemeanor under § 10-8-9(E), with penalties set under § 1-24-1 of the Memphis Code, the city's general misdemeanor-penalty section.

Sources & Official References

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