HomeMy WebLinkAbout43792
3
4
5
6
7
8'
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDINANCE NO. ' 4'= 3 7 9
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON REPEALING
CHAPTER 9.26 ENTITLED "DANGEROUS DRUGS" WHICH IS CONTAINED IN
TITLE 9 ENTITLED "PUBLIC PEACE, MORALS AND WELFARE" AND ADDING
A NEW CHAPTER 9.26 ENTITLED "DRUG RELATED OFFENSES" IN ORDER
TO CONFORM TO STATE LAW.
WHEREAS, the City of Auburn desires to repeal Auburn City
Code Chapter 9.26 entitled "Dangerous Drugs" which is
contained in Title 9 entitled "Public Peace, Morals and
Welfare" and to add a new Chapter 9.26 entitled "Drug Related
Offenses" in order to conform to state law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this ordinance is to
repeal Chapter 9.26 entitled "Dangerous Drugs" which is
contained in Title 9 entitled "Public Peace, Morals and
Welfare" and to add a new Chapter 9.26 entitled "Drug Related
Offenses" in order to conform to the state law requirements
and Chapter 271, Sections 105 and 601, Session Laws 1989 by
which the State of Washington occupies and preempts the entire
field of setting penalties for violations of the Uniform
Controlled Substances Act, RCW 69.50.
Section 2. REPEAL. Auburn City Code Chapter 9.26
entitled "Dangerous Drugs" which is contained in Title 9
entitled "Public Peace, Morals and Welfare" passed by
-------------------
Ordinance No. 4379
January 12, 1990
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
171
18
19
20
21
22
23
24
25
26
Ordinance No. 2129 (1967), Ordinance No. 2530 (1971) and
Ordinance No.'2772 (1973) are herewith repealed in their
entirety.
Section 3. NEW CHAPTER. There is added a new Auburn
City Code Chapter 9.26 entitled "Drug Related Offenses,"
contained in Title 9 entitled "Public Peace, Morals and
Welfare", providing definitions, designating the offenses and
providing penalties, which shall read as follows:
Chapter 9.26
DRUG RELATED OFFENSES
9.26.010 DEFINITIONS.
A. "Marihuana" means all parts of the plant of the
genus Cannabis L., whether growing or not; the seeds thereof;
the resin extracted from any part of the plant; 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 resin extracted
-------------------
Ordinance No. 4379
January 12, 1990
Page 2
1
2
3
4
5
6
7
8
4!:
10
11
12
13
15
16
17
18
19
20
21
22
23
24
25
26
therefrom), fiber, oil or cake, or the sterilized seed of the
plant which is incapable of germination.
B. "Person" means an individual, corporation,
government or governmental subdivision or agency, business
trust, estate, trust, partnership or association, or any other
legal entity.
C. "Possess" means to have physical custody of or
dominion and control over.
D. "Injection Device" means any hypodermic needle,
syringe or similar device which may be adapted or used for
injecting drugs or other substances by subcutaneous or
intracutaneous injection into the body.
9.26.020 Possession of Marihuana.
Any person who is found in possession of forty (40) grams
or less of marihuana shall be guilty of a violation of this
chapter unless the possessor is licensed to have the marihuana
in his possession, or is the party for whom the marihuana has
been specifically prescribed by a physician or other person
licensed by law to dispense the same, or is the duly
authorized representative of the party for whom the drug has
been prescribed.
-------------------
Ordinance No. 4379
January 12, 1990
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
9.26.025 Possession as prima facie evidence of violation.
In any prosecution under this chapter, it shall be
competent to prove that any person has in his or her
possession marihuana as set forth in Section 9.26.020 or
injection device(s) as set forth in Section 9.26.025; and such
possession and the proof thereof shall be prima facie evidence
that the marihuana or injection device(s) was so held in
violation of the terms of this chapter; except under
circumstances where the marihuana or injection device(s) in
question was prescribed by a physician or doctor or other
licensed person for the party who has the same in his or her
possession and such marihuana or injection device(s) is in the
container in which it was purchased or acquired, or the party
in possession is the duly authorized representative of the
person for whom the marihuana or injection device(s) was
prescribed.
9.26.030 Possession of Marihuana - penalty.
Any person found in possession of forty (40) grams or
less of marihuana shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not to exceed
One Thousand Dollars ($1,000.00) or imprisonment not exceeding
ninety (90) days or both such fine and imprisonment with a
-------------------
Ordinance No. 4379
January 12, 1990
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
minimum sentence as provided as follows: any person convicted
under this Chapter of possession of marihuana shall be
punished by imprisonment for not less than twenty-four
consecutive hours, and by a fine of not less than two hundred
fifty dollars. On a second or subsequent conviction, the fine
shall not be less than five hundred dollars. These fines
shall be in addition to any other fine or penalty imposed.
Unless the court finds that the imposition of the minimum
imprisonment will pose a substantial risk to the defendant's
physical or mental well-being or that local jail facilities
are in an overcrowded condition, the minimum term of
imprisonment shall not be suspended or deferred. If the court
finds such risk or overcrowding exists, it shall sentence the
defendant to a minimum of forty hours of community service.
If a minimum term of imprisonment is suspended or deferred,
the court shall state in writing the reason for granting the
suspension or deferral and the facts upon which the suspension
or deferral is based. Unless the court finds the person to be
indigent, the minimum fine shall not be suspended or deferred.
9.26.040 Substances Releasing Toxic Vapors or Fumes.
A. Unlawful inhalation - Exception. It is unlawful for
any person to intentionally smell or inhale the fumes of
any substance containing a solvent having the property of
releasing toxic vapors or fumes which means and includes
-------------------
Ordinance No. 4379
January 12, 1990
Page 5
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
any substance containing one (1) or more of the following
chemical compounds:
1. Acetone;
2. Acetate;
3. Amylacetate;
4. Athylene;
5. Benzol or benzene;
6. Butyl acetate;
7. Butyl alcohol;
8. Carbon tetrachloride;
9. Chloroform;
10. Cyclohexanone;
11. Dichloride
12. Ethanol or ethyl alcohol;
13. Ethyl acetate;
14. Hexane;
15. Isopropanol or isopropyl alcohol;
16. Isopropyl acetate;
17. Methyl alcohol;
18. Methyl "cellosolve" acetate;
19. Methyl ethyl ketone;
20. Methyl isobutyl ketone;
21. Pentachlorophenal;
22. Petroleum ether;
23. Toluol or toluene;
24. Trichloroethylene;
25. Tricresyl phosphate;
26. Xylol or xylene; or
27. Any other solvent, material, substance,
chemical, or combination thereof, having the
property of releasing toxic vapors, or to induce any
other person to do so, for the purpose of causing a
condition of, or inducing symptoms of intoxication,
elation, euphoria, dizziness, excitement, irrational
behavior, exhilaration, paralysis, stupefaction, or
dulling of the senses of the nervous system, or for
the purpose of, in any manner, changing, distorting,
or disturbing the audio, visual, or mental
processes; provided, this section does not apply to
the inhalation of any anesthesia for medical or
dental purposes.
-------------------
Ordinance No. 4379
January 12, 1990
Page 6
1
2
3
4
5
61
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
B. Possession of certain substances prohibited, when.
No person may, for the purpose of violating ACC
Section 9.26.040 A., use, or possess for the purpose
of so using, any substance containing a solvent
having the property of releasing toxic vapors or
fumes.
C. Sale of certain substances prohibited, when.
No person may sell, offer to sell, deliver, or
give to any other person any container of a
substance containing a solvent having the property
of releasing toxic vapors or fumes, if he/she has
knowledge that the product sold, offered for sale,
delivered, or given will be used for the purpose set
forth in ACC Section 9.26.040 A. or B.
9.26.050 Injection device possession prohibitions.
It is unlawful for any person to possess any hypodermic
needle, syringe or similar device which may be adapted or used
for injecting drugs or other substances by subcutaneous or
intracutaneous injection into the body, unless such possession
is authorized for medical or physical treatment by a licensed
medical doctor or osteopathic physician; provided, however,
that the provisions contained in this section shall not apply
to manufacturers, jobbers, licensed medical technicians,
hospitals, nursing homes, technologists, nurses, laboratories,
research teaching institutes, medical doctors, osteopathic
physicians, dentists, veterinarians, pharmacists, embalmers,
drugstores and drug distributors selling or using such devices
-------------------
Ordinance No. 4379
January 12, 1990
Page 7
1
2 in the ordinary and legal course of their respective
3 businesses, trades or professions.
4 9.26.060 Being under the influence of drugs - Prohibitions.
5 It is unlawful to be under the influence of marihuana,
6 toxic vapors or toxic fumes in any private premises or house
7 to the annoyance of any individual, or in a public place, in a
8 vehicle, in or on a public place or in a place open to the
9 public view or to which the public has access. An individual
10 is "under the influence" for the purpose of this section when
11 any of his normal faculties are substantially affected or
12 impaired as a result of the use of marihuana, toxic vapors, or
13 toxic fumes.
14 9.26.070 Prosecution for violation - Alleging offense.
15 In any prosecution for violation of this chapter, it
16 shall not be necessary to negate any exception, proviso or
17 exemption contained in this chapter and the burden of proof of
18 such exception, proviso or exemption shall be upon the
19 defendant.
20 9.26.080 Violation - Penalty.
21 Any person as defined in Section 9.26.010 who violates or
22 fails to comply with any of the provisions of Sections
23 9.26.040, 9.26.050 or 9.26.060 is guilty of a misdemeanor and
24
25
...................
26 Ordinance No. 4379
January 12, 1990
Page 8
li
2
3
4
5
6
rA
8
91
10
11
12
13
14
15
16
17
18
19
20
21
Pia
23
24
25
26
upon conviction thereof shall be punished by a fine not to
exceed One Thousand Dollars ($1,000.00) or imprisonment not
exceeding ninety (90) days or both such fine and imprisonment.
Section 4. SEVERABILITY. The provisions of this
ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, 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 5. AUTHORITY. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary
to carry out the directions of this legislation.
Section 6. 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.
-------------------
Ordinance No. 4379
January 12, 1990
Page 9
1
2
3
4
5
6
7
8
9
10 ATTEST:
11
INTRODUCED:
PASSED: / -/ s= 96
APPROVED:— Z- I S/' / 0
X514
12
13 Robin Wohlhueter, City Clerk
14
15 APPROVED AS TO FORM:
16
17
18 Marguerite Schellentrager,
City Attorney
19
20
21 PUBLISHED:
2211
23
24
25
...................
26 Ordinance No. 4379
January 12, 1990
Page 10
M A Y O R
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No. 4379 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4379 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the the 15TH day of JANUARY A.D., 1990.
I further certify that said Ordinance No. 4379 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the 26TH day of JANUARY,
A.D., 1990.
Witness my hand and the official seal of the City of
Auburn this February 9, 1990, A.D.
Robin Wohlhueter _
City Clerk
City of Auburn - -