HomeMy WebLinkAboutITEM IV-A
AGENDA BILL APPROVAL FORM
Agenda Subject:Date:
Ordinance No. 6300 March 9, 2010
Attachments:
Department:Budget Impact:
Ordinance No. 6300
Legal
Administrative Recommendation:
City Council introduce and adopt Ordinance 6300.
Background Summary:
State law provides criminal penalties for drug related activities, many of which are felonies prosecuted by
the county. However, some of the violations are misdemeanors and gross misdemeanors that would be
prosecuted by cities, including possession of marijuana and possession of drug paraphernalia. For that
matter, paraphernalia can be charged as an infraction as well depending on the activity involved.
However, while the Auburn City Code dealing with drug crimes include possession of marijuana and
paraphernalia and are patterned after state law, there are some activities that are problematic but that are
not specifically addressed in state law. The proposed ordinance does not seek to change state law, nor
does it seek to change the provisions that are currently addressed in the Auburn City Code. However,
this ordinance does seek to clarify some activity so that those activities that are spelled out more
precisely in this ordinance would be enforceable, whereas they may not be enforceable or as enforceable
under the current provisions of the Auburn City Code.
Reviewed by Council & Committees:Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works LegalPolice
Planning Comm. OtherPublic Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes NoCall for Public Hearing___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until___/___/____
Councilmember:Staff:
Backus Heid
Meeting Date:Item Number:
April 5, 2010
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 would 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 City 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.
9.22.030Drug paraphernalia – Definitions.
9.22.040Drug paraphernalia – Determination.
9.22.900 Statutes incorporated by reference.
9.22.010 Marijuana prohibited.
Except as authorized by the Revised Code of Washington, it is unlawful
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 plant;
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Ordinance No. 6300
March 5, 2010
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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.
A.It is unlawful for any person to use drug paraphernalia to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain, conceal, inject,
ingest, inhale or otherwise introduce into the human body a controlled substance.
B.It is unlawful for any person to deliver, possess with intent to deliver
or to manufacture with intent to deliver drug paraphernalia, knowing or under
circumstances where one reasonably should know that it will be used to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain, conceal, inject,
ingest, inhale or otherwise introduce into the human body a controlled substance.
C.It is unlawful to place in any newspaper, magazine, handbill or
other publication any advertisement, knowing or under circumstances where one
reasonably should know that the purpose of the advertisement, in whole or in
part, is to promote the sale of objects designed or intended for use as drug
paraphernalia.
No person shall possess any drug paraphernalia as defined in Section
9.22.030 of this Chapter. Possession of drug paraphernalia is a misdemeanor.
An individual’s first offense of this section is punishable by a mandatory penalty
of 24 consecutive hours in jail and imposition of a $250.00 fine. Any subsequent
offenses shall be punishable by a mandatory penalty of 24 consecutive hours in
jail and a $500.00 fine. These fines shall be in addition to any other fines,
assessments or penalties imposed. (Ord. 5682 § 1, 2002.)
9.22.030 Drug paraphernalia – Definitions.
As used in this chapter, “drug paraphernalia” means all equipment,
products, and materials of any kind which are used, intended for use, or
designed for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, smoking, or otherwise introducing into the human
body a controlled substance. It includes, but is not limited to:
(1) Kits used, intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting 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 designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances;
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Ordinance No. 6300
March 5, 2010
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(3) Isomerization devices used, intended for use or designed for use in
increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use or designed for use in
identifying or in analyzing the strength, effectiveness or purity of controlled
substances;
(5) Scales and balances used, intended for use or designed for use in
weighing or measuring 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 gins and sifters used, intended for use, or designed for
use in removing twigs and seeds from, or in otherwise cleaning or refining,
marijuana;
(8) Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances;
(10) Containers and other objects used, intended for use or designed for
use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used, intended for
use or designed for use in parenterally injecting controlled substances into the
human body;
(12) A device “designed primarily for” such smoking or ingestion set
forth in this section is a device which has been fabricated, constructed, altered,
adjusted or marked especially for use in the smoking, ingestion or consumption
of marijuana, hashish, hashish oil, cocaine or any other “controlled substance,”
and is peculiarly adapted to such purposes by virtue of a distinctive feature or
combination of features associated with drug paraphernalia, notwithstanding the
fact that it might also be possible to use such device for some other purpose.
Paraphernalia includes, but is not limited to, the following items or devices:
(a) Metal, wooden, acrylic, glass, 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) Smoking and carburetion masks;
(e) Roach clips, meaning objects used to hold burning material, such
as a marijuana cigarette, that has become too small or too short to be held in the
hand;
(f) Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) A smokable pipe which contains a heating unit, whether the device
is known as an “electric pipe” or otherwise;
(j) Air-driven pipes;
(k) Chillums;
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Ordinance No. 6300
March 5, 2010
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(l) A device constructed so as to prevent the escape of smoke into the
air and to channel smoke into a chamber where it may be accumulated to permit
inhalation or ingestion of larger quantities of smoke than would otherwise be
possible, whether the device is known as a “bong” or otherwise;
(m) A device constructed so as to permit the simultaneous mixing and
ingestion of smoke and nitrous oxide or other compressed gas, 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 arrangement attached thereto so constructed as to permit the forcing of
smoke accumulated therein into the user’s lungs under pressure, whether the
device is known as a “power hitter” or otherwise;
(o) A device for holding a marijuana cigarette, whether the device is
known as a “roach clip” or otherwise;
(p) A spoon for ingestion of a controlled substance through the nose;
(q) A straw or tube for ingestion of a controlled substance through the
nose or mouth;
(r) A smokable pipe constructed with a receptacle or container in
which water or other liquid may be placed into which smoke passes and is cooled
in the process of being inhaled or ingested;
(s) Ice pipes or chillers.
9.22.040 Drug paraphernalia – Determination.
In determining whether an object is drug paraphernalia under this section
and Section 9.22.030 of this Chapter, a court or other authority should consider,
in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object
concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control of the
object, under any state or federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation
of this chapter;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the
object;
(6) Direct or circumstantial evidence of the intent of an owner, or of
anyone in control of the object, to deliver it to persons whom he or she knows, or
should reasonably know, intend to use the object to facilitate a violation of this
chapter; the innocence of an owner, or of anyone in control of the object, as to a
direct violation of this chapter shall not prevent a finding that the object is
intended or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object concerning its
use;
(8) Descriptive materials accompanying the object which explain or
depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
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Ordinance No. 6300
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(11) Whether the owner, or anyone in control of the object, is a
legitimate 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 legitimate uses for the object in the
community; and
(14) Expert testimony concerning 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. Severability.
The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
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Ordinance No. 6300
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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: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
______________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
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