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HomeMy WebLinkAbout6659 ORDINANCE NO. 6 6 5 9 AIV ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 1.24.010 OF THE AUBURN CITY CODE AND CREATING A NEW CHAPTER 9.24 OFTHE AUBURN CITY CODE RELATING TO NEW GROSS MISDEMEANOR VIOLATIONS CONCERNING DRUG-RELATED ACTIVITIES 1NHEREAS,the current provisions of the Auburn City Code include prohibitions on certain drug-related activities but do not, at this point, identify target areas for enforcement - identifying those areas where drug-related activities are most problematic; and WHEREAS, in the course of law enforcement activities by Auburn police officers, there is a noticeable experience of illegal drug activity occurring in some neighborhoods of the City more than others, with such activities repeatedly involving some of the same individuals; and WHEREAS, looking to the law enforcement tools in play in other jurisdictions across the state, there are many municipalities that have identified and designated certain areas of their eities as anti-drug emphasis areas, where those convicted of illegal drug acfivities within the anti-drug emphasis areas are ordered by their sentencing courts to stay out of the anti-drug emphasis areas; and WHEREAS, the experiences of such various jurisdictions do not always show the same measure of quantifiable results, however, each is able to benefit from anti-drug emphasis to some degree, as a result of targeted anti-drug law enforcement; and WHEREAS, in connection with a desire for more effective enforcement of illegal drug related activities within the City of Auburn, and an intent to target those areas most adversely affected by such activities, it is appropriate for the City to establish areas where illegal drug enforcement should be emphasized and procedures for such enforcement; and Ordinance No. 6659 June 11, 2018 Page 1 � `� WHEREAS, under a Stay Out of Designated Area (SODA) ordinance, citizens convicted of drug- related crimes may be prevented from entering a specific area of the city known for drug problems, and judges would be able to issue these SODA orders which would be effective for designated periods of time, during which time, the person could be arrested if the order is violated; and WHEREAS, while the experiences of other jurisdictions using similar ordinances has been, from descriptions received, positive in addressi_ng illegal drug-related aetivities, anecdotal experiences of other jurisdictions may or may not relate to what the City of l Auburn may experience with such an ordinance; and WHEREAS, in order to track and evaluate the effectiveness of this Ordinance, it would be appropriate to periodically review and assess its effects and implications; and WHEREAS, tracking and evaluating the effectiveness of the Ordinance will also � i_ndicate whether there are other areas of the City that would benefit from SODA provisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTOIV, DO ORDAIN as follows: SECTION 1. AMENDMENT TO CITY CODE. Section 1.24.010 of the Auburn city code be, and the same hereby is, amended to read as follows: 1.24.010 Criminal penalties generally. A. Unless a specific penalty is expressly provided, for all violations of ordinances of the city which are identified as misdemeanors, upon conviction, such violations are punishable by imprisonment in the appropriate city or county jail for Ia period of up to nine 901 days and a fine of up to one thousand dollars �$1,000.00�, or by both such fine and. imprisonment. B. Unless a specific penalty is expressly provided, for all violations of ordinances of the city which are identified as gross misdemeanors, upon conviction, such violations are punishable by imprisonment in the appropriate city or county jail for a period of up to e�e�eaFthree hundred sixty-four(364) davs and I a fine of up to five thousand dollars ($5,000.00Z, or by both such fine and imprisonment. Ordinance No. 6659 June 11, 2018 Page 2 C. Any violations of ordinances of the city that are identified as criminal violations, including being punishable by criminal penalties, but not identified as to whether they are misdemeanors or gross misdemeanors, shall be deemed misdemeanors or gross misdemeanors, as follows: 1. Criminal violations that are punishable by up to and including . imprisonment in the appropriate eity or county jail for a period of up to er�e�rea� tl�cee__hundred sixtv-four (364�ys and a fine of up to five thousand dollars �$5,00O.00Z, or by both such fine and imprisonment, shall be deemed gross misdemeanors; provided, that criminal violations that are punishable by not more than imprisonment in the appropriate city or county jail for a period of up to ninety I j90� days and a fine of up to one thousand dollars_t$1,000.�, or by both such fine and imprisonment, shall be deemed misdemeanors; 2. Criminal violations that are adopted by reference from state statutes, or extrapolated with the same or substantially the same language from state statutes, shall be classifed as misdemeanors or gross misdemeanors consistent with their classification by state statutes, and shall be punishable aceordingly; 3. Criminal violations that are not identifiable as either misdemeanors or gross misdemeanors shall be deemed misdemeanors and shall be punishable accordingly. D. In addition, a defendant may be assessed court costs,jury fees and such other fees or costs as may be authorized in statute or court rules. In any eourt proceeding to enforce this section, the city shall have the burden of proving by evidence beyond a reasonable doubt that a violation occurred. In a proceeding under this section a defendant shall be accorded eaeh and every right protected under the Constitutions of the United States of Ameriea and the state of Washington, all applicable federal, state and local Iaws, and applicable court rules promulgated by the Washington Supreme Court and the inferior courts under the authority of the Washington Supreme Court. (Ord. 5677 § 1, 2002; Ord. 4285 § 2, 1988; Ord. 3618 § 1, 1981; Ord. 2754 § 1, 1973.) SECTIOIV 2. IVEW CHAPTER TO CITY CODE. A new Chapter 9.24 is 'hereby created and added to the Auburn City Code, to read as follows: Chapter 9.24 DRUG RELATED ACTIVITIES Sections: 9.24.010 Loitering with the intent of engaging in drug-related activity. 9.24.020 Designation of anti-drug emphasis areas. 9.24.030 Violation of conditions of' release, suspension or deferral as separate erime. 9.24.040 Places of illegal drug acfivity declared public nuisances. 9.24.050 Evidence of use for illegal drug purposes. 9.24.060 Conviction as prima facie evidence. - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6659 June 11, 2018 Page 3 � 9.24.070 Penalties for maintenance of public nuisance. 9.24.080 Violation - Penalty. 9.24.090 Evaluation. 9.24.010 Loitering with the Intent of engaging in drug-related activity. A. It is unlawful for any person to loiter in or near any public rights-of- way, or any public or private property in a manner and under circumstances manifesting the intent to engage in illegal drug-related activity contrary to RCW chapters 69.41, 69.50, 69.53 or 69.53, or to chapter 9.22 of the city code. B. Among the circumstances which may be considered in determining whether such intent is manifested are the following: 1. Such person is a known unlawful drug user, possessor, or seller. For purposes of this chapter, a "known unlawful drug user, possessor, or seller" is a person who has been convicted in any court wi#hin this state of any violation involving the use, possession, or sale of any of the substances referred to in chapters 69.41, 69.50, 69.52 and 69.53 RCW, or substantially similar laws of any political subdivision of this state or of any other state; or who is known to have been arrested for a drug related violation not resulting in a conviction because the person participated in a diversionary program, deferral program, drug court or a similar program; or a person who displays physical characteristics of drug intoxication or usage, such as "needle fracks"; or who possesses marijuana in a manner not authorized by RCW 69.50.4013 (1), RCW 69.50.4013 (2) and or in amounts that exceed those set forth in RCW 69.50.360(3); 2. Such person is currently subject to an order from any court prohibiting his/her presence in a high drug activity geographic area; 3. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related ac#ivity, including by way of example only, such person acting as a "Iookout"; 4. Such person is physically identified by a police officer, based on articulable factors, as a member of a "gang," or an association which engages in illegal drug activity. Factors that support an officer physically identifying a person as a member of such a gang or association include, but are not limited to clothing, tattoos, known association and/or affliation with such gang or association, specific and observed acts or circumstances consistent with drug related activity, and gestures, signs, greetings and movements that are consistent with gang related activity, provided that clothing alone shall not be sufFicient,without more,to support an officer physically identifying a person as a member of such a gang or association; 5. Such person transfers small objects or packages for currency in a furtive fashion; 6. Such person takes flight upon the appearance of a police officer; 7. Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity; - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6659 June 11, 2018 Page 4 8. The area involved is by public repute known to be an area of unlawful drug use and trafficking; 9. The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to chapter 69.53 RCW. 10. Any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity, 9.24.020 Designation of anti=drug emphasis areas. A. Certain areas of the city shall be designated as and identified to be anti-drug emphasis areas based on the repeat incidents of illegal drug activities occurring therein, enforcement of which shall be enhanced through the use of court orders prohibiting offenders convicted of unlawful drug related acts or loitering for drug purposes within the said areas from entering or remaining in anti-drug emphases areas . The areas to be so designated shall be identified by the city council in an ordinance or resolution passed after consultation with the mayor, city attocney and the chief law enforcement officer of the city, and the list identifying such areas shall be kept on file in the office of the city clerk. Additional areas may also be identified by the judge of the municipal or district court hearing drug related cases arising from within the city. If a defendant is convicted of a drug related case occurring within an area designated as an anti-drug emphasis area, a condition or term of sentence, deferral, or suspension, shall be that such defendant shall stay out of all areas of the city designated as an anti-drug emphasis areas, unless the court finds extenuating circumstances in the defendanf's particular case justifying avoidance of some or any of the requirement for such condition or term of sentence, deferral, or suspension. In such case, the extenuating circumstances shall be identified and recited in the record of the case, and any variation in conditions or terms of sentence deferral, suspended sentence or reduction or exclusion of anti-drug emphasis areas shall also be identified and recited in the record of the case. The court ordered condition or term of sentence, deferral, or suspension, shall be in effect shall be in effect for the period of finro (2) years from the date of the court's order; provided that the defendant may petition the court for modification or earlier termination of the order. B. The following areas, generally depicted (for illustrative purposes only) on the maps appended hereto as Exhibits"A" and "B,"are hereby designated as and identified to be anti-drug emphasis areas: AREA I. DOWNTOWN AREA: BEGINNING AT THE INTERSECTION OF E STREET NE AND 23RD STREET NE; THENCE EASTERLY TO THE INTERSECTION OF N STREET NE AND 24T" STREET NE; THENCE CONTINUING ALONG SAID TANGENT EAST TO THE GREEN RIVEF2; THENCE EASTERLY, SOUTHERLY AND WESTERLY ALONG THE GREEN RIVER TO A POINT THAT IS EAST OF 14T" STREET NE; THENCE WEST ALONG 14T" STR.EET NE, AS EXTENDED, TO AUBURN WAY NORTH; THENGE SOUTHERLY ALONG AUBURN WAY NORTH TO 4r" STREET NE; THENCE EASTERLY ALONG 4th STREET NE TO J STREET NE; Ordinance No. 6659 June 11, 2018 Page 5 THENCE SOUTHERLI( ALONG J STREET NE AND SE AS EXTENDED TO STATE HIGHWAY 18; THENCE EASTERLY ALONG STATE HIGHWAY 18 TO M STREET SE; THENCE SOUTH ALONG M STREET SE TO 8T" STREET SE; THENCE WESTERLY ALONG 8T" STREET SE TO A POINT THAT IS SOUTH OF J STREET SE, AS EXTENDED; THENCE SOUTHERLY ALONG SAID J STREET SE EXTENSION TO 9T" STREET SE:; THENCE WESTERLY ALONG 9T" STREET SE TO H STREET SE; THENCE SOUTH ALONG H STREET SE TO THE ALLEY SOUTH OF AND RUNNING GENERALLY PA.RALL.EL TO gT" STREET SE; THENCE WE$TERLY ALONG SAID ALLEY TO ITS INTERSECTION WITH AUBURN WAY, SOUTH; THENCE NORTHWESTERLY ALONG AUBURN WAY SOUTH TO ITS INTERSECTION WITH F STREET SE; THENCE NORTHEASTERLY ALONG F STREET SE TO ITS INTERSECTION __ WITH 9T" STREET SE; THENCE WESTE.R.LY ALONG 9T" STREET SE, AS EXTENDED; TO THE INTERURBAN TRAIL; THENCE NORTHERLY ALONG THE INTERURBAN TRAIL TO 2ND STREET NW; THENCE EASTERLY ALONG 2ND STREET NW TO C STREET NW;THENCE NORTHERLI(TO A POINT THAT IS WEST OF 18T" STREET NE, AS EXTENDED, THENCE EAST TO E ST.R.EET NE; THENCE NORTHERLY ALONG E STREET NE TO THE POINT OF BEGINNING. AREA II. THE OUTLET COLLECTION: BEGINNING AT THE INTERSECTION OF 15T"STREET SW AND STATE HIGHWAY 167; THENCE NORTHERLY ALONG STATE HIGHWAY 167 TO STATE HIGHWAY 18; THENCE EASTERLY ALONG STATE HIGHVVAY 18 TO THE INTERURBAN TRAIL; THENCE SOUTHERLY ALONG THE INTERURBAN TRAIL TO 15T" STREET SW; THENCE WESTERLY ALONG 15T" STREET SW TO THE POINT OF BEGINNING. AREA III. SOUTH END: BEGINNING AT THE INTERSECTION OF THE WHITE RIVER AND A STREET SE; THENCE NORTHERLY ALONG A STREET SE TO 21ST STREET SE; THENCE EASTERLY ALONG 21 ST STREET SE TO R STREET SE;THENCE SOUTHERLY ALONG R STREET SE TO 29TM STREET SE; THENCE WESTERLY ALONG 29T" STREET SE TO M STREET SE.; THENCE SOUTHERLY ALONG M STREET SE, AS EXTENDED, TO THE WHITE RIVER; THENCE SOUTHWESTERLY ALONG THE WHITE RIVER TO THE POINT OF BEGINNING. AREA IV. CITY PARK PROPERTY: ALL CITY PARK PROPERTY THROUGHOUT THE CITY IS DESIGNATED AS AN ANTI-DRUG EMPHASIS AREA. FOR THE PURPOSES HEREOF, CITY PARK PROPERTY INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING PARK PROPERTIES AND ALL FACILITIES, AMENITIES AND COMPONENTS THEREIN: Park Address Proximate Acres 21st Street Playground 405 215t St. SE 0.17 Ordinance No. 6659 June 11, 2018 Page 6 104th Ave SE (Green River 31495 104t'' Ave. SE 14.73 Park) Auburndale 31802 108t'' Ave. SE 9.64 Auburndale II 29725 118t'' ave. SE 9.34 Auburn Environmental Park 413 Western Ave. NW 120 Auburn Golf Course 29630 Green River RD SE 180 Ballard 1612 37th Way SE 0.66 Bicentennial Park 502 Auburn Way S. 1.07 B Street Plaza 148 E. Main Street 0.10 Brannan 1019 28th St. NE 26.63 Cameron 3727 Lemon Tree Lane 3.83 Cedar Lanes 1002 25th St. SE 8.27 Centennial Viewpoint 402 Mountain View Dr. 0.7 City Hall Plaza 25 West Main Street 1.10 Clark Plaza 1420 Auburn Way N. 0.25 Clark Property 1300 block, Oravetz Road - Parcei 26.68 No. 302105-9025 SE �/a OF SE �/a Lying South of Stuck River, less Roads, Sec. 30, Twp. 21 N., Rge. 5 E. WM Park Address Proximate Acres Community Garden 1030 8t" Street NE 1.04 Dorothy Bothell Park 1087 Evergreen Way SE 4 . Dykstra 1487 22nd St. NE 1.78 Fenster Nature Park 2033 4t" St. SE 12.58 Forest Villa 1647 Fir St. SE 0.23 Fulmer Park 1101 5th St. NE 5.13 Gaines Park 1008 Pike St. NW 1.34 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6659 June 11, 2018 Page 7 Game Farm 3030 R St. SE 53.0 Game Farm Wilderness 2401 Stuck River Dr. SE 72.0 GSA Park 413 15th St. SW 6.13 Indian Tom Park 1316 6t'' St. NE 0.43 Isaac Evans 29827 Green River RD SE 19.87 ]acobsen Tree Farm 29387 132nd Ave. SE 29.3 ]ornada Park 1433 U Ct. NW 1.89 Kersey Way A 548U Charlotte Ave. SE 2.73 Kersey Way B 5530 Udall Ave. SE 0.79 Lakeland Hills 1401 Evergreen Way SE 5.05 Lea Hill 31693 124th Ave. SE 9.0 Lea Hill Tennis Courts 32121 lUSth PI. Sf 1.18 Les Gove 910 9t'' St. SE 20.86 Mary Olson Farm 28728 Green River RD SE 67 Mill Pond 4582 Miii Pond Dr. SE 4 Mountain View Cemetery 2020 Mountain View Dr. 50 Pioneer Cemetery 8th St. NE &Auburn Way North 0.76 Plaza Park 2 West Main Street 0.19 Park Address Proximate Acres Riverpoint Park 1450 32nd St. NE 3.8 Riversands Park 5014 Pike St. NE 1.76 Roegner Park 601 Oravetz Road SE 21.25 Rotary Park 2635 Alpine SE, SE 4.14 Scootie Brown Park 1403 Henry Rd. NE 1.34 Shaughnessy Park 3302 21� St. SE 3.46 Slaughter Memorial 2988 Auburn Way N. 0.02 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6659 June 11, 2018 Page 8 Sunset park 1420 69t'' St. SE 15 Termina) Park 1292 C St. SE 1.2 Veterans Memorial 405 E St.NE 7.65 Village Square Park 12111 SE 310th St. 1.10 West Hil) Lake Property 32054 58t'' Ave. S 9.25 In addition to the above described park properties, the city park property anti-drug emphasis area ineludes any and all properties, whether owned by the city or not on which any part thereof is used for trail and/or recreational purposes and which is maintained, in whole or in part, by the cify of Auburn, including but not limited to the following: (a) Interurban Trail: This trail parallels the Union Pacifc Railroad for much of its length. The Interurban Trail currently runs north to south through Tukwila, Kent, Auburn, Algona and Pacific, and is approximately 17 miles long, with 4.5 miles in Auburn. (b) White River Trail: The White River Trail, within Roegner Park, extends along the White River to the Game Farm Wilderness Park for 2.25 miles. (c) Lakeland Linear Trail: Lakeland Linear Trail meanders from I Evergreen Way along Lakeland Hills Way eonneeting to Sunset , Park. I (d) Reddington Levee Trail: This #rail goes from Brannan ' Park/Brannan St., North to I St. along the Green River, for 1.7 miles. (e) C Street Trail: The C Street Trail extends from Ellingson Road SW, along C Street SW, to 15fh Street SW. C. Each of the above described/designated anti-drug emphasis areas includes all rights-of=way located within the described areas and also includes any and all rights-of-way adjacent#o the outer perimeter thereof. D. Each of the above described/designated anti-drug emphasis areas includes the total real estate parcel area of all parcel where any part of which is located within any of the above described designated anti-drug emphasis areas. 9.24.030 Violation of conditions of release, suspension or deferral as separate crime. Any person who knowingly enters or remains within an anti-drug emphasis area in violation of court=imposed conditions of release or conditions of suspension or deferral of any sentence shall be guilty of a gross misdemeanor, and, in accordance with RCW 10.31.100, any such person may be apprehended and arrested without the necessity for a.ny warrant or additional court order. Upon conviction, any person so violating the conditions of release or conditions of Ordinance No. 6659 June 11, 2018 Page 9 suspension or deferral shall be punished by imprisonment in jail for a maximum term fixed by the court of not more three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both such imprisonment and fine. 9.24.040 Places of illegal drug activity declared public nuisances. Any building, structure or place within the city used for drug related activity or for loitering with the intent of engaging in drug-related activity as defined in this ehapter is hereby declared to be a public nuisance. 9.24.050 Evidence of use for illegal drug purposes. A. Two or more criminal convictions of persons for drug related offenses in a building, structure or place, within the one-year period preceding the commencement of an action under this chapter shall give rise to a rebuttable presumption that the building, structure or place has been used for illegal drug purposes and is a public nuisance. In any action under this chapter, evidence of fhe common fame and general. repufafion of the building or place, of the inmates or occupants thereof, or of those [esorting thereto, shall be admissible as evidence to prove the existence of the public nuisance but must be supported by additional evidence. Evidence of the general reputation of the buifding or place, or of the inmates or occupants thereof that is sufficient to establish the existence of the . public nuisance, shall be prima facie evidence of knowledge thereof and acquiescence and participation therein and responsibility for the nuisance by persons or legal entities having an interest i_n the property. Responsibility for the nuisance shall extend to the ownecs, lessors, lessees and all those in interest in any form in the property, real or personal, used in conducting or maintaining the public nuisance. B. Evidence of cooperation by owners, agents or managers of a building or place with police investigations or operations to control drug related activity may be used to rebut the presumptions created in this chapter. 9.24.060 Conviction as prima facie evidence. Any conviction of any owner, manager, operatoc, agent or employee for any illegal drug activity, or for loitering with the intent of engaging in drug-related activity, when such offense was related to any business or commercial enterprise, shall be prima facie evidence that the building, structure or place upon or in which business or commercial enterprise is or was conducted, was used for illegal drug activities. 9.24.070 Penalties for maintenance of public nuisance. Maintenance of a public nuisance as declared herein, in addition to any other civil or criminal penalties, shall result in a civil penalty not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) for a first conviction of maintaining a public nuisance and by abatement by closure of such business or commercial enterprise for the period of thirty (30) days for each Ordinance No. 6659 June 11, 2018 Page 10 subsequent conviction of maintaining a public nuisance, the enforcement of which shall be in accordance with the procedures identified in chapter 1.25 of the city code. 9:24.080 Violation - Penalty. Unless otherwise specifically provided otherwise, any person who violates the provisions of this chapter is guilty of a gross misdemeanor and, upon convietion, shall be imprisoned in jail for a period of up three hundred sixCy-four (364) days or fined an amount of not more than five thousand dollars ($5,000.00) or both such jail time and fine. 9.24.090 Evaluation. _ A. This chapter and the effect of its application shall be reviewed within finrenty-four (24) months after its implementation, and annually thereafter. The review shall include, but is not be limited to, the following information: 1. The practicality of enforcing the chapter and any problems wifh enforcement identified by the Au.burn police department or the court. 2. The number of defendants who have been subjecf of the SODA orders and violations thereof, and any other statistical data related thereto. 3. Whether the geographic scope of anti-drug emphasis areas should be modified, reduced or increased. 4. Other factors that relate to this chapter, or its intended purposes. B. The mayor or designee shall also develop strategies intended to address issues related to the chapter, including amendments thereto and periodic reports to the eity council. SECTION 3. IiIAPLE-MEiVTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. 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 applicafion to other persons or circumstances. SECTION 5. 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. 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