New Hanover County, NC Public Conduct: Loitering Rules (2026)
Key Facts
- Scope
- Loitering tied to drug activity, not general loitering
- Public place defined
- Streets, parks, lots, doorways, county property
- Evidence factors
- 9 listed circumstances officers may cite
- First offense
- $100.00 civil penalty
- Third+ offense
- $500.00 civil penalty
- Adopted
- Ord. of 8-19-2002
Summary
New Hanover County's only loitering ordinance targets loitering for drug activity, not general loitering. Sec. 38-103 bars remaining or wandering in a public place under circumstances showing a purpose to violate state drug law, listing specific behaviors officers can use as evidence, with escalating civil penalties for repeat violations.
(c)Prohibited acts. It shall be unlawful for a person to remain or wander about in a public place in a manner and under circumstances manifesting the purpose to engage in a violation of any subdivision of G.S. 90-86 et seq. Such circumstances may include, but are not limited to:(1)Repeatedly beckoning to, stopping or attempting to stop passersby, or repeatedly attempting to engage passersby in conversation;(2)Repeatedly stopping or attempting to stop motor vehicles;(3)Repeatedly interfering with the free passage of other persons; ... (7)Such person takes flight upon the approach or appearance of a police officer... (e)Penalty. Violations of this provision may be punished by a civil penalty to be recovered in the nature of a debt of $100.00 for the first violation, $300.00 for the second violation, and $500.00 for the third and subsequent violations. Violations may also be punished as misdemeanor under G.S. 14-4.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 15 Update 1).
Full Breakdown
Sec. 38-103 defines 'public place' broadly to include streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, transportation facilities, doorways fronting those places, vehicles in or on those places, and any county-owned property. S. or a substantially similar law elsewhere. The prohibited-acts clause, subsection (c), makes it unlawful to remain or wander in a public place in a manner and under circumstances manifesting a purpose to violate state drug law, and lists nine specific, non-exclusive circumstances an officer can rely on: repeatedly beckoning or attempting to engage passersby, repeatedly stopping vehicles, repeatedly interfering with others' free passage, being a known drug user, possessor or seller, behaving in a way that raises reasonable suspicion of drug activity, repeatedly passing or receiving money or objects to or from passersby, fleeing at the approach of police, being at a location frequented by drug users or sellers, or being connected to a vehicle registered to a known drug offender or known to be involved in drug activity.
Subsection (d) states the ordinance is cumulative and does not repeal any other ordinance covering the same subject. The county adopted the section by ordinance on August 19, 2002, carrying forward Code 1978 § 12-131. This is narrower than a general 'no loitering' or obstruction ordinance: New Hanover County's code does not contain a standalone provision banning loitering or obstructing sidewalks generally outside the drug-activity context.
Violations & Fines
A first violation carries a civil penalty of $100.00, a second violation $300.00, and a third or subsequent violation $500.00, each recoverable as a civil debt. The county may instead prosecute the conduct as a misdemeanor under G.S. 14-4, which carries a court-set fine and possible jail time in place of the fixed civil schedule.
Frequently Asked Questions
Does New Hanover County have a general loitering ordinance?
What counts as evidence of drug-related loitering?
What is the penalty for drug-related loitering in the county?
Sources & Official References
Other rules in New Hanover County
Compare New Hanover County to another location·View the North Carolina public conduct overview
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