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Home My WebLink About6300 ORDINANCE NO. 6 3 0 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 9.22 OF THE AUBURN CITY CODE RELATING TO CONTROLLED SUBSTANCES WHEREAS, the current provisions of the Auburn City Code address illegal activity with respect to controlled substances, including marijuana and drug paraphernalia, however, the current provisions, patterned after state statute, leaves some activities unaddressed; and WHEREAS, it wouid be appropriate to include in the City's criminal code regarding paraphernalia further definitions and factors for determination of the violations so that the police could be more effective in addressing drug paraphernalia violations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That Chapter 9.22 of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 9.22 CONTROLLED SUBSTANCES Sections: 9.22.010 Marijuana prohibited. 9.22.020 Drug paraphernalia prohibited. 9.22.030 Druq paraphernalia - Definitions. 9.22.040 Druq paraqhernalia - Determination. 9.22.900 Statutes incorporated by reference. . 9.22.010 Marijuana prohibited. Except as authorized by the Revised Code of Washington, it is unlawfui for any person to manufacture, deliver, grow, or possess marijuana. "Marijuana" means all parts of the plant of the genus cannabis L., whether growing or not; the seeds thereof; the resins extracted from any part of the piant; Ordinance No. 6300 March 5, 2010 Page 1 of 6 and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resins extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. (Ord. 5682 § 1, 2002.) 9.22.020 Drug paraphernalia prohibited. ~esess-,~epu.e-4esF~:,a;TZe~~e{~uo, stere ^ ,^l, iRje^', ingest, g i+ s .,i.,,.hui s„ dor., tti ..Fe..t der., er-te--ma s+ , ~oc$s~Fep Ir ~i~ p~.~vr L, ~repvi~. L, ~T r~n4o'n nroal 'n'cn4 r i~~ Z..^.~.. - iage p a. ~ No person shall possess any druq paraphernalia as defined in Section 9 22 030 of this Chapter. Possession of druq paraphernalia is a misdemeanor. An individual's first offense of this section is punishable by a mandatorv penaltv of 24 consecutive hours in iail and imposition of a$250.00 fine. Any subsequent offenses shall be qunishable bv a mandatorv penaltv of 24 consecutive hours in iail and a$500.00 fine. These fines shall be in addition to any other fines, assessments or penalties imqosed. (Ord. 5682 § 1, 2002.) 9.22.030 Druq paraphernalia - Definitions. As used in this chapter, "druq paraphernalia" means all equipment products and materials of anv kind which are used intended for use or desiqned for use in plantinq propaqatinq cultivatinq qrowinq, harvestinq, manufacturinq compoundinq convertinq producinq processinq preparinq tOStitlq 8nalyZltlq paCkBqlnq fepaCkBqlnq StOnnq containinq, concealing, injectinq inqestinq inhalinq smokinq or otherwise introducinq into the human bodv a controlled substance. It includes but is not limited to: (1) Kits used intended for use or desiqned for use in plantinq, propaqatinq cultivatinq qrowinq or harvestinq of any species of plant which is a controlled substance or from which a controlled substance can be derived; (2) Kits used intended for use or desiqned for use in manufacturinp, compoundinq convertinq producinq processinq or preparinp controlled substances; Ordinance No. 6300 March 5, 2010 Page 2 of 6 (3) Isomerization devices used intended for use or designed for use in increasinq the potency of anv species of plant which is a controlled substance; (4) Testinq equipment used intended for use or designed for use in identifvinq or in analVZinq the strenqth effectiveness or purity of controlled substances; (5) Scales and balances used intended for use or designed for use in weiqhinq or measurinq controlled substances; (6) Diluents and adulterants such as quinine hydrochloride mannitol, mannite dextrose and lactose used intended for use or designed for use in cutting controlled substances (7) Separation qins and sifters used intended for use, or designed for use in removinq twiqs and seeds from or in otherwise cleaninq or refininq, mariiuana; (8) Blenders bowls, containers spoons and mixinq devices used, intended for use or designed for use in compoundinq controlled substances; (9) Capsules balloons envelopes and other containers used, intended for use or designed for use in packaqinq small quantities of controtled substances; (10) Containers and other obiects used intended for use or designed for use in storinq or concealinq controlled substances; (11) Hypodermic svrinqes needles and other oblects used intended for use or designed for use in parenterally iniectinq controlled substances into the human bodv; (12) A device "desiqned primarilv for" such smokinq or inqestion set forth in this section is a device which has been fabricated constructed altered adiusted or marked especially for use in the smokinq inqestion or consumption of mariiuana hashish hashish oil cocaine or any other "controlled substance," and is peculiarly adaqted to such purposes by viRue of a distinctive feature or combination of features associated with druq paraphernalia notwithstandinq the fact that it miqht also be possible to use such device for some other purpose Paraphernalia includes but is not limited to the followinq items or devices: (a) Metal wooden acrylic qlass stone plastic or ceramic pipes with or without screens permanent screens hashish heads or punctured metal bowls; (b) Water pipes; (c) Carburetion tubes and devices; (d) Smokinq and carburetion masks; (e) Roach clips meaninq obiects used to hold burninq material such as a mariiuana ciqarette that has become too small or too shoR to be held in the hand; (f) Miniature cocaine spoons and cocaine vials; (q) Chamber pipes; (h) Carburetor pipes; (i) A smokable pipe which contains a heatinq unit, whether the device is known as an "electric pipe" or otherwise; (j) Air-driven pipes; (k) Chillums; Ordinance No. 6300 March 5, 2010 Page 3 of 6 (I) A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it maV be accumulated to permit inhalation or inqestion of larqer quantities of smoke than would otherwise be possible whether the device is known as a"bonq" or otherwise; (m) A device constructed so as to permit the simultaneous mixinq and inqestion of smoke and nitrous oxide or other compressed qas whether the device is known as a"buzz bomb" or otherwise; (n) A canister, container or other device with a tube, nozzle or other similar arranqement attached thereto so constructed as to permit the forcinq of smoke accumulated therein into the user's lunqs under pressure whether the device is known as a"power hitter" or otherwise; (o) A device for holdinq a marijuana ciqarette, whether the device is known as a"roach clip" or otherwise; (p) A spoon for inqestion of a controlled substance throuph the nose; (q) A straw or tube for inqestion of a controlled substance throuqh the nose or mouth; (r) A smokable pipe constructed with a receptacle or container in which water or other liquid mav be placed into which smoke passes and is cooled in the process of beinq inhaled or inqested; (s) Ice pipes or chillers. 9.22.040 Druq paraphernalia - Determination. In determininq whether an obiect is druq paraphernalia under this section and Section 9.22.030 of this Chapter, a court or other authority should consider, in addition to all other loqicaliv relevant factors the followinq: (1) Statements bv an owner or bv anvone in control of the obiect concerninq its use (2) Prior convictions if any, of an owner, or of anyone in control of the obiect under anv state or federal law relatinq to anv controlled substance; (3) The proximitv of the oblect in time and space, to a direct violation of this chapter; (4) The proximitv of the obiect to controlled substances; (5) The existence of anv residue of controlled substances on the obiect; (6) Direct or circumstantial evidence of the intent of an owner, or of anVOne in control of the obiect to deliver it to persons whom he or she knows, or should reasonablv know, intend to use the obiect to facilitate a violation of this chapter the innocence of an owner, or of anvone in control of the obiect, as to a direct violation of this chapter shall not prevent a findinq that the obiect is intended or desiqned for use as druq paraphernalia; (7) Instructions oral or written provided with the obiect concerninq its use (8) Descriptive materials accompanyinq the object which explain or depict its use; (9) National and local advertisinq concerninq its use; (10) The manner in which the obiect is displayed for sale; Ordinance No. 6300 March 5, 2010 Page 4 of 6 (11) Whether the owner, or anvone in control of the obiect, is a leqitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (12) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; (13) The existence and scope of leqitimate uses for the oblect in the community; and (14) Expert testimonv concerninq its use. 9.22.900 Statutes incorporated by reference. The following statutes are incorporated in this chapter by reference: RCW 9.47A.010 Definitions [Inhaling toxic fumes] 9.47A.020 Unlawful inhalation - Exceptions 9.47A.030 Possession of certain substances prohibited - When 9.47A.040 Sale of certain substances prohibited - When 69.43.010 Report to state board of pharmacy - List of substances - Modification of list - Identification of purchasers - Report of transactions - Penalties 69.43.020 Receipt of substance from source outside state - Report - Penalty 69.43.030 Exemptions 69.43.035 Suspicious transactions - Report - Penalty 69.43.043 Recordkeeping requirements - Penalty 69.43.090 Permit to sell, transfer, furnish, or receive substance - Exemptions - Application for permit - Fee - Renewal - Penalty 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine - Sales restrictions - Penalty 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine - Possession of more than fifteen grams - Penalty - Exceptions 69.43.130 Exemptions - Pediatric products - Products exempted by the state board of pharmacy 69.50.4121 Drug paraphernalia - Selling or giving - Penalty [infraction] (Ord. 5682 § 1, 2002.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, Ordinance No. 6300 March 5, 2010 Page 5 of 6 paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: pPR .5 01,2 0 PASSED: APR 5,2010 APPROVED: APR 5, ?mn F AUBURN ~ ~ PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP VED TO FORM: Daniel B. , City Atto ey Published: ApR g ZglO Ordinance No. 6300 March 5, 2010 Page 6 of 6