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Home My WebLink About04-05-2010 ITEM IX-A-3C ITY OF.;= .M WVASHINGTON Agenda Subject: Ordinance No. 6300 AGENDA BILL APPROVAL FORM Date: March 9, 2010 Department: Attachments: Ordinance No. 6300 Budget Impact: Legal Administrative Recommendation: City Council introduce and adopt Ordinance No. 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. A0405-1 01.8 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 ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: Council Approval: Referred to Tabled ❑Yes ❑No ❑Yes ❑No Call for Public Hearing 1 1 Until 1 1 Until 1 1 Councilmember: Backus Staff: Heid Meeting Date: April 5, 2010 Item Number: IX.A.3 AUBURN * MORE THAN YOU IMAGINED ORDINANCE NO. S 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 g g 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 Cit 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. 9.22.930 Dru ara hernalia — Definitions. 9.22.040 Dru-g para ernalia — Determination. 9.22.900 Statutes incorporated by reference. 9.22.0 10 Marijuana prohibited. Except as authorized by the Revised Code of Washington, it is unlawful for any person to manufacture, deliver, grow, or possess marijuana. "MarijJuana" means all parts of the plant of the genus cannabis L., whether growing rowin or not; the seeds thereof; the resins extracted from any part of the plant; ----------------------------- ordinance No. 5300 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. 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No person shall -- possess any ----drug paraphernalia as defined in Section 9.22.030 of this C-hapter. Possession of dr�!g paraphernalia is a misdemeanor. An individual's first offense of this section is punishable b a mandato[Y penally of 24 consecutive hours in jail and i osition of a_$250.00 fine. Any subsequent offenses shall be punishable by a mandato[y penally of 24 consecutive hou.rs in iail 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 Dru.gparaphernalia - Definitions. As used in this chapter,- "drug --paraphernalia means all eguipment, products nd materials of any kind which are used,-. intended for use, or designed for use in planting, propaqatinq, cultivating, growi.ng, harvesting, , processing an manufacturina, compounding.,_ converting, producing- pre -p testing analyzing packaqinq rep ackagng, storiD_q containing, concealing r otherwise introducing into the human injectin.g..1. inqestinq, inhaling, smoking,- 9 body a controlled substance. It includesbutis not limited to: (1) Kits used, intended for use or designed for use in _planting, ropagating, c-ultivating, growingorharvesting of anyspeciesof plant which is a controlled substance or from which a controlled substance can be deriv (2) .- Kits usedi- intended for use, or designed for use in manufacturing, compounding —converting-, producing processing or preparing controlled substances; ----------------------------- Ordinance No. 6300 March 5, 2010 Page 2 of 6 Isomerization devices used, intended for use or designed far use in increasing the patency 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 weighingor measuring controlled substance (6) Diluents and adulterants, such as quinine hydrochloride, man mannitel- dextrose and lactose used intended for use or designed far 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 design-ed for use in compounding controlled substances; (9) Capsules, balloons, envelopes and other containers usedl. intended for use or designed for use in packaging small quantities of controlled substances; X10)_ 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 JnLecti ng-._control led substances into the human (12) A device "designed primarily C 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 oill 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 screenshashishheads or punctured metal bowls; fib) Water pipes; (c) Carburetion tubes and de (d) Smoking and carburetion masks; (e) Roach clips, meaning objects used to hold burning material, such as a marijuana ciqarette, that has become too small or too short to be held in the ha ({) Miniature cocaine spoons and cocaine (g) Chamber pipes h) Carburetor pipes;L (i) A smokable pipe which contains a heating unit hether the device is known as an "electric pipe" or otherwise; (j) Air-driven pipe (k) Chillu ----------------------------- Ordinance No. 6300 March 5, 2010 Page 3 of 6 (1) A device constructed so as to prevent the e��a e of smoke into the air and to channel smoke into a chamber where it may be accumulated to permit inhalation or ingestion of la -Eger gu-antities of smoke than would otherwise be possible, whether the device is known as a "bong" or otherwi (m) A device constructed so as to permit the simultaneous mixina and ingestion of smoke and nitrous oxide or other compressed gas, whether the device is known as a "buzz bomb 11 or otherwise n) A canister nozzle or other container or other device with a tube similar arrangement aftached thereto so constructed as to permit the forcinq of smoke accumulated therein into the user's lungs under 2ressure-,---. whether the (o) A device for holding a ma ana ciqarette, hether the device is known as a "roach ch r otherwis (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 mout (r) A smokable 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 beinq inhaled or ingeste (s) Ice--p.i.pes or chillers. 9.22-040 Drgg_paraphernalia — Determination. In determininq whether an object is drug. phernalia under this section and Sect ion 9.22.030 of this Chapter, a court or other authority _5hould cons in addition to all other lo!�icall levant factors, the follow0g, (1) Statements by_ an owner or by anyo-ne in control of the o concerninq its use (2) Prior convictions, if any,- of an owner, or of anyone in control of the object, under any- ate or federal law relati-ng-to any controlled subst (3)_ The proximity of the object, in time and space, to a direct violation of this ch (4) The proximity -of the object ' to controlled substanc The existence of any---- residue of controlled substances on the obiec (6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object to deliver it to sons whom he or she knows, ...... 0 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. t is direct violation of this ch r shall not prevent a finding that the intended or desi d for use as dfug paraphernalia (7) Instructions, oral or written, provided with the obje-ct concerning its use*, (8) Descriptive materials accompanyiDg_ the object which lain or de ict its use - (9) National and local advertis-i-Elg concern-i-nq- its us (10). The manner in which the object is dj§,played for s ----------------------------- C)rdinanoeNo. 63OO March 5.2O10 (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 testimon}�concerning its use. 9.22.900 Statutes incorporated by reference. The followingstatutes are incorporated in this chapter by reference: p 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 -- 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, ordinance No. 6300 March 5, 2010 Page 5of6 Modification of list -- Identification of purchasers — Report of transactions — Penalties 69.43.920 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 59.43.110 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 --Selling Selling or giving — Penalty [infraction] (Ord. 5682 § 1, 2002.) Section 2. Im lamentation. 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, ordinance No. 6300 March 5, 2010 Page 5of6 h, subdivision, section or portion of this ordinance, or the invalidity of the paragraph, 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 TO FORM: Daniel B. Published: ----------------------------- Ordinance No. 6300 March 5, 2010 Page 6 of 6