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HomeMy WebLinkAbout2591 Incorporating State Regulations of Controlled SubstancesOrdinance No. c~ 5 ~/ AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 9.02.360 TO INCORPORATE STATE OF WASHINGTON REGULATIONS OF CONTROLLED SUBSTANCES INTO CITY CODE, AND CREATING A NEW SECTION 9.02.365, ENHANCED PENALTIES FOR DRUG-RELATED VIOLATIONS - DRUG-FREE ZONES OF CHAPTER 9.02, CRIMINAL CODE, OF THE PORT TOWNSEND MUNICIPAL CODE ESTABLISHING ENHANCED PENALTIES FOR DRUG-RELATED VIOLATIONS OCCURRING WITHIN DRUG- FREE ZONES WHEREAS, the Port Townsend City Council acknowledges that the Washington State Legislature in RCW 69.50.435, has authorized increased penalties for manufacturing, selling, delivering or possessing with the intent to manufacture, deliver or sell controlled substances while in a school, on a school bus, within 1,000 feet of the perimeter of school bus stops and school grounds, in a public park, transit vehicles and/or transit stops, civic centers, or within 1,000 feet of the perimeter of any civic center; and WHEREAS, drag abUse has a devastating effect on our community and especially upon the youth in our COmmunity and the mere presence of illegal drags encourages the use of these illegal drugs; and WlW~, in order to fully implement enhanced penalties for drag-related offenses, the City Council hereby adopts by reference State of Washington statutes regulating illegal drag- related behaviors; and WHEREAS, to discourage the mere presence of illegal drugs in areas where minors congregate, play, and are educated, it is desirable to enhance the potential penalties for drug- related violations occurring within these areas; and WI~~, in order to implement enhanced penalties as provided in this ordinance, the City Council directs the Chief of Police to propose a map and adopting resolution to officially designate the locations and boundaries of drug-free zones; and WHEREAS, following approval of the resolution designating drug-free zones, the City shall cause to be posted signs declaring the boundaries of the 1,000-foot "Drug-free Zones" surrounding the public facilities described in this ordinance, NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Section 9.02.360, of Chapter 9.02, Criminal Code, is renamed and amended as follows: 9.02.360 Controlled substances. A. The following sections of the Revised Code of Washington as now or hereafter amended are hereby adopted by reference as if set forth in full: 1. RCW 69.50.101 Definitions; and RCW 69.50.102 Drug paraphernalia - Definitions. 69.50.401(e) Prohibited acts: A - Penalties (possession of less than 2. RCW 40 grams of marijuana). 3. RCW 69.50.412 Possession and delivery of drug paraphernalia. RCW 69.50.420 Violations - Juvenile driving privileges. RCW 69.50.425 Minimum imprisonment. RCW 69.50.505 through 69.50.507 Seizure and forfeiture of property. RCW 9.47A.010 Inhaling toxic fumes - Definitions. RCW 9.47A.020 Unlawful inhalation - Exception. RCW 9.47A.030 Possession of certain substances prohibited, when. RCW 9.47A.040 Sale of certain substances prohibited, when. RCW 9.47A.050 Unlawful inhalation - Penalty. RCW 69.38.010 Poison defined. RCW 69.38.020 Exemptions. RCW 69.38.030 Poison register. RCW 69.38.040 Poison register - Penalty. for failure to maintain register. RCW 69.38.050 Poison - False representation - penalty. RCW 69.38.060 Manufacture and sale of poisons - License required - 5. 6. 7. 10. 11. 13. 14. 15. (Ord. 16. 17. 18. RCW 19. RCW 20. RCW 21. RCW 22. P. CW 23. RCW 24. RCW 25. RCW 26. RCW 27. RCW 28. P. cw 29. ROW § 1, 1997; Ord. 69.41.070(7) and (8a) Penalties - Steroid use, 69.41.300 Definitions. 69.41.320 Practitioners - Restricted use - Medical records. 69.50.201 Authority. to change schedules of controlled substances. 69.50.202 Nomenclature. 69.50.204 Schedule I - Definitions of controlled substances, 69.50.206 Schedule II - Definitions of controlled substances. 69.50.208 Schedule III - Definitions of controlled substances. 69.50.210 Schedule IV - Definitions of controlled substances. 69.50.212 Schedule V - Definitions of controlled substances. 69.50.309 Containers. 69.50.509 Search and seizure of controlled substances. 2441 § 37, 1995; Ord. 2014 § 28, 1985. Formerly 9.02.300.). 2 Ord. ~25Ctl SECTION 2. A new Section 9.02.365, Enhanced penalties for drug-related violations -- drug-free zones, is hereby created as follows: 9.02.365 Enhanced penalties for drug-related violations -- drug-free zones A. Any person who violates RCW 69.50.401 and the violation occurs in a drug-free zone as defined herein, may be punished by a fine of up to twice the fine otherwise authorized by this code or by Chapter 69.50 RCW or by imprisonment of up to twice the imprisonment otherwise authorized by this code or Chapter 69.50 RCW, or by both such fine and imprisonment. The provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by Chapter 69.50 RCW for an offense. B. It is not a defense to a prosecution for a violation of this section that a person was unaware that the prohibited conduct took place while in a drug-free zone. C. It is not a defense to a prosecution for a violation of this section that persons under the age of 18 were not present in the drug-free zone at the time of the offense or that the school was not in session. D. It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under 18 years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling or possessing with the intent to manufacture, sell or deliver any controlled substance defined in RCW 69.50.401(a) for profit. The affirmative defense established by this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to establish an affir afive defense with respect to a prosecution for an offense defined in any other section of this title or Chapter 69.50 RCW. E. In a prosecution under this section, a map produced or reproduced by the city for the purpose of depicting the location and boundaries of the drug-free zones or a true copy of such a map, shall under proper authentication, be admissible and shall constitute primafacie evidence of the location and boundaries of the drug-free zones if the city has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the drug-free zones. Any map approved under this section or a tree copy of the map shall be filed with the city clerk and shall be maintained as an official record of the city. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. This section shall not be construed as precluding the use or admissibility of any map or diagram, other than the one which has been approved by the city, if the map or diagram is otherwise admissible under court rule. F. As used in this section, the following terms shall have the meanings indicated unless the context clearly requires otherwise: 3 Ord. 1. "Civic center" means a publicly owned or publicly operated place or facility used for recreational, educational, or cultural activities; 2. "Drug-free zones" means the following areas (a) schools; (b) any school bus; (c) within 1,000 feet of a school bus route stop designated by the school district; (d) within 1,000 feet of the perimeter of any school grounds; (e) public parks; (f) public transit vehicles; (g) public transit stop shelters; (h) civic centers designated by the city as drug-free zones; or (i) within 1,000 feet of designated civic centers; 3. "Public park" means land, including any facilities or improvements on the land, that is operated as a park by the state or a local government; 4. "Public transit vehicle" means any motor vehicle, street car, train, trolley vehicle, or any other device, vessel, or vehicle which is owned or operated by a transit authority and which is used for the purpose of carrying passengers on a regular schedule; 5. "School" has the meaning under RCW 28A. 150.010 or 28A. 150.020 The term school also includes a private school approved under RCW 28A. 195.010; 6. "School bus" means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. The term does not include buses operated by common carriers in the urban transportation of students such as transportation of students through a municipal transportation system; 7. "School bus route stop" means a school bus stop as designated on maps submitted by school districts to the office of the superintendent of public instruction; 8. "Stop shelter" means a passenger shelter designated by a transit authority; 9. "Transit authority" means a city, county, or state transportation system, transportation authority, public transportation benefit area, public transit authority, or metropolitan municipal corporation within the state that operates public transit vehicles. (Ord. ~ § 2, 1997.) SECTION 3. Severability. If any clause, sentence, paragraph, section or part of this ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. 4 Ora. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 19th day of May, 1997. Attest: Pam Kolacy, City Clerk 05/14/97 [Titlo 9] Ord{902360.doe} Julie ~)~Ullochl Mayor Approved as to Form: ~ I~. 19lclVfahan, City Attorney /