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 -
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(Ord.
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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
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