Wilmington, NC Public Conduct: Loitering Rules (2026)
Key Facts
- Code section
- Wilmington City Code § 6-19
- Qualifying circumstances
- 9 listed behaviors
- Covers
- Streets, parks, lots, city property
- Known offender basis
- Prior Controlled Substances Act conviction
- Default penalty
- Up to $500 civil penalty (§ 6-1)
Summary
Wilmington City Code § 6-19 makes it unlawful to remain or wander in a public place under circumstances showing a purpose to engage in a controlled-substance offense, listing nine specific behaviors like repeatedly flagging down passers-by or vehicles, taking flight from police, or being a known drug offender at a spot known for drug activity.
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 the North Carolina Controlled Substances Act, North Carolina General Statutes, Chapter 90, Article 5. Such circumstances shall include:(1)Repeatedly beckoning to, stopping, or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation; or(2)Repeatedly stopping or attempting to stop motor vehicles; or...(7)Such person takes flight upon the approach or appearance of a police officer; or(8)Such person is at a location frequented by persons who use, possess, or sell drugs.
Full Breakdown
Section 6-19(a) defines "public place" broadly to include any street, sidewalk, bridge, alley, plaza, park, driveway, parking lot or transportation facility, the doorways and entrances of any building fronting those places, a vehicle in or on those places, or any property owned by the City of Wilmington. S. Ch. 90, Art. 5), or of a substantially similar law elsewhere in the state, another state, or federal law. Subsection (c) makes it unlawful to remain or wander about a public place in a manner and under circumstances manifesting a purpose to violate the Controlled Substances Act, and lists nine circumstances that qualify: repeatedly beckoning to or attempting to engage passers-by; repeatedly stopping or attempting to stop 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 money or objects to or from passers-by; fleeing on a police officer's approach; being at a location known to be frequented by drug users, possessors or sellers; or being in a vehicle registered to, or known to be involved with, a known drug offender. The ordinance dates to May 17, 1989 and has not been amended since.
Violations & Fines
Section 6-19 states no penalty of its own, so a violation falls under the chapter's general penalty in § 6-1: a civil penalty up to $500, defaulting to $25 unless another figure is stated, with each continuing day of the violation after notice treated as a separate offense, and the city may pursue equitable enforcement as well.
Frequently Asked Questions
What makes loitering illegal under Wilmington's ordinance?
Does the loitering law apply to city parks and parking lots?
Can I be cited just for being a known drug offender in an area?
What is the penalty for drug-related loitering in Wilmington?
Sources & Official References
Other rules in Wilmington
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