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Home My WebLink About6689 ORDINANCE NO. 6689 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON RELATING TO CRIMINAL OFFENSES; AMENDING CHAPTERS 9.14, 9.22, AND 9.62 OF THE AUBURN CITY CODE WHEREAS, Title 9 of the Auburn City Code contains the City's Criminal Code; and, WHEREAS, upon review of existing language, the Legal Department recommends updating certain provisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 9.14 of the Auburn City Code is amended by adding a new Section, 9.14.040, "Unlawful imprisonment," to read as set forth in Exhibit A. Section 2. Amendment to City Code. Chapter 9.22 of the Auburn City Code is amended by amending Sections 9.22.010, "Marijuana prohibited" and 9.22.020, "Drug paraphernalia prohibited," to read as set forth in Exhibits B and C. Section 3. Amendment to City Code. Chapter 9.62 of the Auburn City Code is amended by amending 9.62.010, "Nonfelony forgery," to read as set forth in Exhibit D. Ordinance No. 6689 August 20, 2018 Page 1 of 3 Section 3. Implementation. 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 application 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. INTRODUCED: AUG 2 0__20.18_ PASSED: AUG 2 0 2018 APPROVED: AUG 2 0 2018 ANCY B US, MAYOR ATTEST: kaii Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Ordinance No. 6689 August 14, 2018 Page 2of3 j4k Steven L. Gross, City Attorney Published: o- L\ - TIN-5=-41, Ordinance No. 6689 August 14, 2018 Page 3 of 3 EXHIBIT A 9.14.040 Unlawful imprisonment A. A person is guilty of unlawful imprisonment if he or she knowingly restrains another person. B. Restrain means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his or her liberty. Restraint is "without consent" if it is accomplished by: 1. physical force, intimidation, or deception, or 2. any means, including acquiescence of the victim, if the victim is a child less than sixteen years old or an incompetent person and their parent, guardian, or other person or institution having lawful control or custody of them has not acquiesced. C. Violation of this section is a gross misdemeanor, punishable by up to 364 days in jail and/or a $5,000 fine. D. This section is intended to supplement city jurisdiction in unlawful imprisonment cases that could have been prosecuted as felonies but which were declined by the county in which the offense occurred or which do not meet the county's charging guidelines. If a person is charged with unlawful imprisonment under state law for a particular incident,the person shall not also be charged under this section for the same conduct. EXHIBIT B 9.22.010 Marijuana-Controlled substances prohibited. A. Restrictions on marijuana. 1. Except as authorized by undef United States Code (USC) Title 21 and/or by RCW 69.50.4013(4),: - : - - - - -- A - , it is unlawful for any person or persons to knowingly grow, manufacture, process, deliver, or sell marijuana. 28. It is unlawful for any person to knowingly possess marijuana in an amount that violates RCW 69.50.4013(3)(a). -- - - - - • - ' -- - •- ' - • "e - ** • 3. It is unlawful for any person under age 21.to knowingly possess marijuana in any amount. 4. G. "Marijuana," also known as "marihuana," means all parts of the plant genus Cannabis and all of its species, subspecies, taxa and hybridizations, whether growing or not; the seeds thereof; the resins extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, and includes all marijuana concentrates, useable marijuana, and marijuana- infused products. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. B. It is unlawful for any person to knowingly possess a controlled substance other than marijuana as defined by RCW 69.50.101(f) unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice. C. It is unlawful for any person to knowinglypossess a legend drug in violation of RCW 69.41. D. Penalties. EXHIBIT B 1. Violation of subsection B of this section --- - - - - _ - is a shall constitute a gross misdemeanor; punishable by up to • - • _ - •• "e e - - -e - ' _ Ret-mere-than-364 90-days in jail and/or a $5,000 fine. 2. Violation of any other subsection of this section is a misdemeanor punishable by up to 90 days in jail and/or a $1,000 fine. , e - - • - - "e - ' - -- -- - - (Ord. 6595 § 4, 2016; Ord. 6525 § 4, 2014; Ord. 6300 § 1, 2010; Ord. 5682 § 1, 2002.) EXHIBIT C 9.22.020 Drug paraphernalia prohibited. A. No person shall knowingly possess any drug paraphernalia as defined in-RCW 69.50.102.ACC 9.22.030. 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 Ssubsequent offenses are shall bepunishableby a mandatory penalty of 24 consecutive hours in jail and a $500.00 fine. - - - - - e • •- , -- - ••- • - penalties-impose-eh (Ord. 6300 § 1, 2010; Ord. 5682 § 1, 2002.) - A - - ' - - -e- - - ' - A • • I. . _ - -•- * - - - - - e •- - ' - - -; -- - - • - • -, -- -, - - - -, - - -, - - It includes, but is not limited to: • E. • • - - e -- converting, producing, processing or preparing controlled substances; D. Testing equipment used, intended for use or designed for use in identifying or in EXHIBIT C • . - . - - - - - - ' . -- - -- - _ e - ; --_ e ••, _ • - • - • - - -. • -, • • - -- • , - - - - - - - - e , -- - , - - .. •: e • - -- • - - " -, - - - - J. Containers and other objects used, intended for use or designed for use in storing or - - • - • •- • - -- • - - - - - - - - , • • e•• - - - - - - •. " - e - - - - - - --, - - •.. - - - items or devices: - - -, - -• -, - - , - - - - - - _ mss; 2. Water pipes; EXHIBIT C hand; 7. Chamber pipes; 8. Carburetor pipes; {f_ -» - • 10. Air driven pipes; 11. Chillums; 12. A device constructed so as to prevent the escape of smoke-into the air otarh-rerisei device is known as a "buzz bomb"or otherwise; smoke accumulated therein into the user's lungs under pressure, whether e • _. as a "roach clip" or otherwise; EXHIBIT C or mouth; 19. Ice pipes or chillers. (Ord. 6613 § 8, 2016; Ord. 6300 § 1, 2010.) B. In determining whether an object is drug paraphernalia under this section and ACG 9.22.030, a court or other authority should consider, in addition to all other logically relevant factors, the following: 1A. Statements by an owner or by anyone in control of the object concerning its use; 28. 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; 3G. The proximity of the object, in time and space, to a direct violation of this chapter; 4G. The proximity of the object to controlled substances; 5€. The existence of any residue of controlled substances on the object; 6F. 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; 7G. Instructions, oral or written, provided with the object concerning its use; 844. Descriptive materials accompanying the object which explain or depict its use; 91. National and local advertising concerning its use; EXHIBIT C 10d. The manner in which the object is displayed for sale; 11K. 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; 12h. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; 13M. The existence and scope of legitimate uses for the object in the community; and 14N. Expert testimony concerning its use. (Ord. 6300 § 1, 2010.) EXHIBIT D 9.62.010 Nonfelony forgery. A. A person is guilty of nonfelony forgery, if, with intent to injure, deceive or defraud, that person: 1. He-falsely makes, completes, or alters a written instrument; or 2. He-possesses, utters, offers, disposes of, or puts off a written instrument as true, knowing it - • - • • -• • - • - • - to be forged_ "Written instrument" shall include counterfeit money:;er - .- e e a- . •.. B. This section is intended to supplement city jurisdiction in cascs of forgery cases that could potentially-have been prosecuted as felonies but which were declined in-welting-by the county in which the offense occurred or which do not meet the cad county's-felony charging guidelines - -- . • - -e - - . If a person is charged with forgery under state law for a particular incident, the person shall not also be charged under this section for the same conduct. (Ord. 6411 § 7, 2012.)