Winston-Salem, NC Public Conduct: Loitering Rules (2026)
Key Facts
- Penalty class
- Class 3 misdemeanor
- Maximum fine
- $500.00
- Behavioral factors listed
- Six factors
- Scope
- Any public place citywide
- Protected activity
- First Amendment conduct exempt
Summary
Winston-Salem makes it unlawful to remain or wander about any public place under circumstances that manifest intent to violate the state Controlled Substances Act, using a list of observable behaviors as evidence. Violators face a class 3 misdemeanor and a fine of up to $500.00.
It shall be unlawful for a person to remain or wander about in a public place under circumstances manifesting the intent to engage in a violation of the North Carolina Controlled Substances Act, G.S. 90-89 et seq. Circumstances which may be considered in determining a person's intent include, without limitation, the following: (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;
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102 | Personnel: Supplement 96 | Water and Sewer: Supplement 56 | Solid Waste: Supplement 15).
Full Breakdown
City Code § 38-29 prohibits remaining or wandering about a "public place", defined broadly to cover streets, sidewalks, alleys, bridges, plazas, parks, driveways, parking lots, transportation facilities, doorways or entrances fronting those places, a vehicle in or on them, or any city-owned property, under circumstances manifesting intent to violate the North Carolina Controlled Substances Act, G.S. 90-89 et seq. Officers may weigh six non-exclusive factors: repeatedly beckoning to or stopping passersby or vehicles, interfering with free passage, repeatedly passing money or objects to or from passersby, fleeing on the approach of police, or being at a location known for drug use, possession, or sales. The section carries a First Amendment savings clause and severability provision.
Violations & Fines
A violation of § 38-29 is a class 3 misdemeanor as provided by G.S. 14-4, punishable by a fine of up to $500.00.
Frequently Asked Questions
Is standing around in public illegal in Winston-Salem?
What counts as a 'public place' under this ordinance?
Sources & Official References
Other rules in Winston-Salem
Compare Winston-Salem to another location·View the North Carolina public conduct overview
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