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HomeMy WebLinkAbout2669 i • 08011/4/ 1 RESOLUTION NO. 2 6 6 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AMENDING RESOLUTION NO 2319 ADDING NEW AREAS APPROVED AND DESIGNATED "DRUG FREE ZONES" WITHIN THE CITY OF 4 AUBURN PURSUANT TO RCW 69 50.435 OF THE LAWS OF THE STATE OF WASHINGTON IN ORDER TO IMPLEMENT ENHANCED PENALTIES FOR 5 UNLAWFUL DRUG ACTIVITIES IN THOSE ZONES; ESTABLISHING SUCH ZONES BY ADOPTION OF AN OFFICIAL MAP; DIRECTING THE 6 INSTALLATION OF APPROPRIATE SIGNAGE; AND DIRECTING THE CITY CLERK TO FILE AND MAINTAIN SUCH OFFICIAL MAP AS AN OFFICIAL 7 RECORD OF THE CITY OF AUBURN 8 WHEREAS, pursuant to RCW 69 50 435 (a) , the Washington 9 State Legislature has authorized enhanced penalties for 10 violations of RCW 69 50 401 (a) by manufacturing, selling, 11 delivering, or possessing with intent to manufacture, sell, or 12 deliver a controlled substance to a person in a school or 13 within one thousand (1, 000) feet of the perimeter of school 14 grounds or in a public park; and 15 WHEREAS, RCW 69 . 50 435 (e) provides that a map depicting 16 the location and boundaries of the area on or within one 17 thousand (1, 000) feet of any property used for a school or 18 public park may be admissible and shall constitute prima facie 19 evidence in a criminal prosecution if the city has adopted an 20 ordinance or resolution approving such map as the official 21 location and record of the location and boundaries of such 22 areas; and 23 24 25 26 Resolution No. 2669 September 21 1995 Page 1 1 WHEREAS, the City Council herein finds that the grave 2 social harms that result from drug dealing are significantly 3 aggravated when drug dealing occurs in or near places 4 frequented by children since children are particularly 5 vulnerable to the activities of drug dealing and to the crimes 6 of violence likely to occur in the dangerous criminal 7 environment which accompanies drug dealing; and 8 WHEREAS, the Council further finds that children are 9 commonly present without parental or other adult supervision 10 on or near school grounds and in public parks 11 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 12 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 13 RESOLVES THAT: 14 Section 1. Pursuant to RCW 69. 50 435 (e) , there are 15 hereby established within the City of Auburn, Washington, 16 "Drug Free Zones" ; to-wit: property used for public or 17 private schools, property within one thousand (1, 000) feet of 18 the perimeter of public or private school grounds, and 19 property which has been designated a public park 20 Section 2 . Resolution No 2319 is hereby amended by 21 adding new areas to the City of Auburn "Drug Free Zones" 22 depicted on the map entitled "City of Auburn Drug Free Zones" 23 24 25 26 Resolution No. 2669 September 21, 1M Page 2 1 which is attached hereto as Exhibit "A" , and by this reference 2 incorporated herein, and which is hereby approved and adopted 3 as the official location and record of the boundaries of such 4 zones 5 Section 3 . In cooperation with the Auburn School 6 District and private schools within the City of Auburn, the 7 appropriate signage shall be installed and maintained 8 throughout the City to provide notice of the existence of the 9 City of Auburn "Drug Free Zones" depicted on the map attached 10 hereto as Exhibit "A" ; provided, however, such signage shall 11 be considered strictly for the purpose of public education and 12 information and, pursuant to RCW 69. 50 435, the absence of 13 signage in any "Drug Free Zone" shall not constitute a defense 14 to the enhanced penalties provided in RCW 69. 50 435 15 Section 4. The City Clerk of the City of Auburn is 16 hereby directed to file and maintain as an official record of 17 the City of Auburn a true copy of the map attached hereto as 18 Exhibit "A" and designated "City of Auburn Drug Free Zones. " 19 Section 5. The Mayor is hereby authorized to implement 20 such administrative procedures as may be necessary to carry 21 out the directives of this legislation 22 23 24 25 26 Resolution No. 2669 September 21, 1995 Page 3 1 DATED this 2nd day of October, 1995 2 3 CITY OF AUBURN 4 5 6 CHARLES A. BOOTH MAYOR 7 8 ATTEST 9 10 11 ret-414( Robin Wohlhueter, 12 City Clerk 13 14 15 APPROVED AS TO FORM 16 17 4(1 18 Michael J. Reynolds, City Attorney 19 20 21 22 23 24 25 26 Resolution No. 2669 September 21, 1995 Page 4 ORMA IA/ ( f( ��L e DRUG —FREE N.T ' / � ZONES 1" '1N/ `� ' Gimp H , 1 X34 CITY OF AUBURN ,�JI ''I — / � I LEGEND I I FFF/ ai i ' —• n Incorporated Area r j !+�lf1� I -""T'7 Park 7 _i i —:- School I --' Ill l .9 ";�T� I\af- -7V . >,_... rmk 1000' Buffer _sue-�-' �i I__ j I i f . .....t Slmf P rr Duct-free zae cast of o IWO foot II _� Mid E� M / holier sound .chok crud city parks City MN t. I Park\/. P11 In BW eN ;i WE �'�r . L �1 X66-- r re urcaèiitt;bkiL - . ��I`■" - r r�a• al its con Kin t ...,./ �� PII IT. a 1 � . Chun IJ•Pi Forest , 71vk S i �.�\� o+J. IlITOE cor I ME r av \ a• lZ oak Pmk 1 III I "Et �\ re� ■ MC r scion st =i Nit ,°.■( ,z-e"''.. ) �`-. _ Schaal f ij_____ifi . Gu10 Rey �. � ...`^^I [hm I Park -/ J' , � /RR70eraaa Pork �, � -c-.i/ r r I Ma .r . �'� Batlmd Pmt NEI '„ „mk Mltl Pond Pork ll' a ) \ l N r it c x_ V `t� htm //t _ \ ;i1 Iby/ it -- \ g 2000 0 2000 4000 6000 FEET Sato de.sled cry 1Yr nwp,e +m.Omni,w- -Ls. 5 0 OS 1 if tended tor ptrniry gnpsses M Ian n.rg v-wer MLES to�w ocwate mreosrements ""�"'-' -°'e°� UCtMS u< r?S RESOLUTION NO 2649 EXHIBIT A — ,6 ;- Mme. Uniform Controlled Substances Act 69.50.308 'sits:t- `.p taf r.e�t• , ,_ �t,�t,f in Schedule II may not be dispensed without the humane society and animal control agency may apply to the _cription of a practitioner department for registration pursuant to the applicable tS •'-sa'in emergency situations, as defined by rule of the provisions of this chapter for the sole purpose of being au- •t .urd of pharmacy a substance included in Schedule thori zed to purchase, possess, and administer sodium t . �, lx dispensed upon oral prescription of a practitioner, pentobarbital to euthanize injured, sick, homeless, or unwant- f romptly to writing and filed by the pharmacy ed domestic pets and animals. Any agency so registered Ate' _• r,t,,ripuons shall be retained in conformity with the shall not permit a person to administer sodium pentobarbital ! 4Y_ �, v,rc,nents of RCW 69.50.306. A prescription fora unless such person has demonstrated adequate knowledge of 4 .0 is ,.-N,ance included in Schedule II may not be refilled. the potential hazards and proper techniques to be used in e d] Except when dispensed directly by a practitioner administering this drug. ;_ aA,.Ktced to prescribe or administer a controlled substance, The department may issue a limited registration to carry I _r ,,,c, than a pharmacy, to an ultimate user a substance out the provisions of this section. The board shall promul- `" !,,ludcd in Schedule III or IV which is a prescription drug gate such rules as it deems necessary to insure strict compli- i r„{eiennined under RCW 69.04.560, may not be dispensed ante with the provisions of this section. The board may „ti,ut a written or oral prescription of a practitioner Any suspend or revoke registration upon determination that the ai ._ .,I roc must be promptly reduced to writing. The person administering sodium pentobarbital has not demon- t _,c,cription shall not be filled or refilled more than six strated adequate knowledge as herein provided. This .,,,0ths after the date thereof or be refilled more than five authority is granted in addition to any other power to :,:c', unless renewed by the practitioner. suspend or revoke registration as provided by law [1989 1st (c) A valid prescription or lawful order of a practitioner, ex.s. c 9 § 435; 1977 ex.s. c 197 § 1.] in order to be effective in legalizing the possession of Effective date—Severability-1989 1st ex.s.c 9- See RCW or — controlled substances, must be issued in good faith for a 43 70 910 and 43.70.920. 1} !crinmate medical purpose by one authorized to prescribe of the use of such controlled substance. An order purporting to 69.50.311 Triplicate prescription form program— In• lv a prescription not in the course of professional treatment Compliance by health care practitioners. Any licensed `n. is not a valid prescription or lawful order of a practitioner health care practitioner with prescription or dispensing :nt .dhin the meaning and intent of this chapter; and the person authority shall, as a condition of licensure and as directed by 'ti' who knows or should know that the person is filling such an the practitioner s disciplinary board, consent to the require- 'a. order, as well as the person issuing it, can be charged with ment, if imposed, of complying with a triplicate prescription W' i Halation of this chapter form program as may be established by rule by the depart- it (f) A substance included in Schedule V must be ment of health. [1989 1st ex.s. c 9 § 436; 1984 c 153 § 20.] or distributed or dispensed only for a medical purpose. Effective date—Severability-1989 1st ex.s. c 9• See RCW all 1g) A practitioner may dispense or deliver a controlled 43 70 910 and 4370920. gs• urhstance to or for an individual or animal only for medical w'n treatment or authorized research in the ordinary course of ARTICLE IV ic that practitioner s profession. Medical treatment includes OFFENSES AND PENALTIES dispensing or administering a narcotic drug for pain, in- cluding intractable pain. 69.50.401 Prohibited acts: A—Penalties. (a) Except ed, (h) No administrative sanction, or civil or criminal as authorized by this chapter it is unlawful for any person to liability authorized or created by this chapter may be to manufacture, deliver or possess with intent to manufac- led imposed on a pharmacist for action taken in reliance on a ture or deliver, a controlled substance. ain reasonable belief that an order purporting to be a prescription (1) Any person who violates this subsection with respect and was issued by a practitioner in the usual course of profes- to: on- siunal treatment or in authorized research. (i) a controlled substance classified in Schedule I or II s. c (1) An individual practitioner may not dispense a which is a narcotic drug, is guilty of a crime and upon substance included in Schedule II, III, or IV for that individ- conviction may be imprisoned for not more than ten years, ual practitioner s personal use. [1993 c 187 § 19; 1971 ex.s. or (A) fined not more than twenty-five thousand dollars if in c 308 § 69.50.308.] the crime involved less than two kilograms of the drug, or or both such imprisonment and fine, or (B) if the crime 1 to 69.50.309 Containers. A person to whom or for involved two or more kilograms of the drug, then fined not Eder whose use any controlled substance has been prescribed, more than one hundred thousand dollars for the first two ,pli- sold, or dispensed by a practitioner and the owner of any kilograms and not more than fifty dollars for each gram in der animal for which such controlled substance has been excess of two kilograms, or both such imprisonment and 971 prescribed, sold, or dispensed may lawfully possess it only fine; in the container in which it was delivered to him by the (ii) any other controlled substance classified in Schedule person selling or dispensing the same. [1971 ex.s. c 308 § I, II, or III, is guilty of a crime and upon conviction may be .nce 69.50.309] imprisoned for not more than five years, fined not more than ten thousand dollars, or both; riser 69.50.310 Sodium pentobarbital—Registration of (iii) a substance classified in Schedule IV, is guilty of nce, humane societies and animal control agencies for use in a crime and upon conviction may be imprisoned for not nce animal control. On and after September 21 1977, a Ed) (1994 Ed 1 [Title 69 RCW—page 67] i • 69.50.401 Title 69 RCW- Food, Drugs, Cosmetics, and Poisons more than five years, fined not more than ten thousand Severability-1987 c 458: See note following RCW 48.21.160, t dollars, or both; Serious drug offenders, notice of release or escape. RCW 9.94A,154. (iv) a substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more 69.50.402 Prohibited acts: B—Penalties. (a) It is than five years, fined not more than ten thousand dollars, or unlawful for any person: both. (1) who is subject to Article III to distribute or dispense (b) Except as authorized by this chapter, it is unlawful a controlled substance in violation of RCW 69.50.308; for any person to create, deliver, or possess a counterfeit (2) who is a registrant, to manufacture a controlled substance. substance not authorized by his registration, or to distribute (1) Any person who violates this subsection with respect or dispense a controlled substance not authorized by his to: registration to another registrant or other authorized person; (i) a counterfeit substance classified in Schedule I or II (3) who is a practitioner, to prescribe, order, dispense, which is a narcotic drug, is guilty of a crime and upon administer, supply, or give to any person: conviction may be imprisoned for not more than ten years, CO any amphetamine, including its salts, optical isomers, fined not more than twenty-five thousand dollars, or both; and salts of optical isomers classified as a schedule II (ii) any other counterfeit substance classified in Sched- controlled substance by the board of pharmacy pursuant to ule I, II, or III, is guilty of a crime and upon conviction may chapter 34.05 RCW, or be imprisoned for not more than five years, fined not more (ii) any nonnarcotic stimulant classified as a scheduler' than ten thousand dollars, or both; controlled substance and designated as a nonnarcotic (iii) a counterfeit substance classified in Schedule IV, is stimulant by the board of pharmacy pursuant to chapter guilty of a crime and upon conviction may be imprisoned for 34.05 RCW, not more than five years, fined not more than ten thousand except for the treatment of narcolepsy or for the treatment of dollars, or both; hyperkinesis, or for the treatment of drug-induced brain (iv) a counterfeit substance classified in Schedule V, is dysfunction, or for the treatment of epilepsy or for the guilty of a crime and upon conviction may be imprisoned for differential diagnostic psychiatric evaluation of depression, not more than five years, fined not more than ten thousand or for the treatment of depression shown to be refractory to dollars, or both. other therapeutic modalities, or for the clinical investigation (c) It is unlawful, except as authorized in this chapter of the effects of such drugs or compounds, in which case an and chapter 6941 RCW, for any person to offer, arrange, or investigative protocol therefor shall have been submitted to negotiate for the sale, gift, delivery dispensing, distribution, and reviewed and approved by the state board of pharmacy or administration of a controlled substance to any person and before the investigation has been begun: PROVIDED,That then sell, give, deliver, dispense, distribute, or administer to the board of pharmacy in consultation with the medical that person any other liquid, substance, or material in lieu of quality assurance commission and the osteopathic disciplin- such controlled substance. Any person who violates this ary board, may establish by rule, pursuant to chapter 34.05 subsection is guilty of a crime and upon conviction may be RCW, disease states or conditions in addition to those listed imprisoned for not more than five years, fined not more than in this subsection for the treatment of which Schedule II ten thousand dollars, or both. nonnarcotic stimulants may be prescribed, ordered, dis- (d) It is unlawful for any person to possess a controlled pensed, administered, supplied, or given to patients by substance unless the substance was obtained directly from, practitioners: AND PROVIDED FURTHER, That investi- or pursuant to, a valid prescription or order of a practitioner gations by the board of pharmacy of abuse of prescriptive while acting in the course of his professional practice, or authority by physicians, licensed pursuant to chapter 18,71 except as otherwise authorized by this chapter. Any person RCW, pursuant to subsection (a)(3) of this section shall be who violates this subsection is guilty of a crime, and upon done in consultation with the medical quality assurance conviction may be imprisoned for not more than five years, commission; fined not more than ten thousand dollars, or both, except as (4)to refuse or fail to make, keep or furnish any record, provided for in subsection (e) of this section. notification, order form, statement, invoice, or information (e) Except as provided for in subsection (a)(1)(ii) of this required under this chapter• section any person found guilty of possession of forty grams (5) to refuse an entry into any premises for any inspec or less of marihuana shall be guilty of a misdemeanor lion authorized by this chapter; or (f) It is unlawful to compensate, threaten, solicit, or in (6) knowingly to keep or maintain any store, shop, any other manner involve a person under the age of eighteen warehouse, dwelling, building, vehicle, boat, aircraft, or years in a transaction unlawfully to manufacture, sell, or other structure or place, which is resorted to by persons deliver a controlled substance. A violation of this subsection using controlled substances in violation of this chapter for shall be punished as a class C felony punishable in actor- the purpose of using these substances, or which is used for dance with RCW 9A.20.021. keeping or selling them in violation of this chapter. This section shall not apply to offenses defined and (b) Any person who violates this section is guilty of a punishable under the provisions of RCW 69.50.410. [1989 crime and upon conviction may be imprisoned for not more c 271 § 104; 1987 c 458 § 4' 1979 c 67 § 1, 1973 2nd ex.s. than two years, fined not more than two thousand dollars,or c 2 § 1, 1971 ex.s. c 308 § 69.50.401 ] both. [1994 1st sp.s. c 9 § 740; 1980 c 138 § 6; 1979 ex.s Application-1989 c 271 §§ 101 through 111. See note following c 119 § 1, 1971 ex.s. c 308 § 69.50.402.] RCW 9.94A.310 Severability—Headings and captions not law—Effective date- Severability-1989 c 271. See note following RCW 9.94A.310. 1994 1st sp.s.c 9: See RCW 18 79.900 through 18.79 902. [Title 69 RCW—page 68] 0994 Ed) Uniform Controlled Substances Act 69.50.416 • 'e who-i• h . (b)It is unlawful for any person knowingly or intention- Application-1989 c 271 §§ 101-111. See note following RCW misde - Ay to make, distribute, or possess a punch, die, plate, stone, 9 94A.310. other thing designed to print, imprint, or reproduce the Severability-1989 c 271. See note following RCW 994A_310. or'walla, trademark, trade name, or other identifying mark, imprint, or entse device of another or any likeness of any of the foregoing 69.50.430 Additional fine for certain felony viola- 'ason, upon any drug or container or labeling thereof. tions. (1) Every person convicted of a felony violation of �nt,is (c) A person who violates this section is guilty of a RCW 69.50.401, 69.50.402, 69.50.403, 69.50406, 69.50.407, iigne8 come and upon conviction may be imprisoned for not more 69.50.410, or 69.50.415 shall be fined one thousand dollars 1 who than two years, fined not more than two thousand dollars, or in addition to any other fine or penalty imposed. Unless the [1981 bpi. [1993 c 187 § 22.] court finds the person to be indigent, this additional fine shall not be suspended or deferred by the court. 2 69.50.420 Violations—Juvenile driving privileges. (2) On a second or subsequent conviction for violation I I)If a juvenile thirteen years of age or older and under the of any of the laws listed in subsection (1) of this section, the on of ace of twenty-one is found by a court to have committed any person shall be fined two thousand dollars in addition to any f any offense that is a violation of this chapter, the court shall other fine or penalty imposed. Unless the court finds the r any notify the department of licensing within twenty-four hours person to be indigent, this additional fine shall not be ncur- after entry of the judgment. suspended or deferred by the court. [1989 c 271 § 106.] e for (2) Except as otherwise provided in subsection (3) of Application-1989 c 271 §§ 101-111. See note following RCW this section, upon petition of a juvenile whose privilege to 9.94A 310. drive has been revoked pursuant to RCW 46.20.265, the Severability-1989 c 271. See note following RCW 9.94A.310. once court may at any time the court deems appropriate notify the The department of licensing to reinstate the juvenile s privilege 69.50.435 Violations committed in or on certain tiled to drive. public places or facilities—Additional penalty— (3) If the conviction is for the juvenile s first violation Defenses—Construction—Definitions. (a) Any person who ens- violates RCW 69.50.401(a) by manufacturing, selling, who of this chapter or chapter 66.44, 69 41, or 69.52 RCW the Y g• g• ages juvenile may not petition the court for reinstatement of the delivering, or possessing with the intent to manufacture, sell, 1 by juvenile's privilege to drive revoked pursuant to RCW or deliver a controlled substance listed under that subsection tool 46.20.265 until the later of ninety days after the date the or who violates RCW 69.50.410 by selling for profit any n of juvenile turns sixteen or ninety days after the judgment was controlled substance or counterfeit substance classified in the entered. If the conviction was for the juvenile s second or schedule I, RCW 69.50.204, except leaves and flowering :eds subsequent violation of this chapter or chapter 66 44, 69 41 tops of marihuana to a person in a school or on a school bus ace, or 69.52 RCW, the juvenile may not petition the court for or within one thousand feet of a school bus route stop reinstatement of the juvenile's privilege to drive revoked designated by the school district or within one thousand feet ned pursuant to RCW 46.20.265 until the later of the date the of the perimeter of the school grounds, in a public park or led juvenile turns seventeen or one year after the date judgment on a public transit vehicle, or in a public transit stop shelter or was entered. [1989 c 271 § 120; 1988 c 148 § 5.] may be punished by a fine of up to twice the fine otherwise Severability-1989 c 271. See note following RCW 9 94A.310 authorized by this chapter, but not including twice the fine >us. Legislative finding—Severability-1988 c 148: See notes following authorized by RCW 69.50.406, or by imprisonment of up to RCW 13.40 265. twice the imprisonment otherwise authorized by this chapter, but not including twice the imprisonment authorized by RCW 69.50.406, or by both such fine and imprisonment. ,ty, 69.50.425 Misdemeanor violations—Minimum 1Ce imprisonment. A person who is convicted of a misde- The provisions of this section shall not operate to more than ch meanor violation of any provision of this chapter shall be double the fine or imprisonment otherwise authorized by this to punished by imprisonment for not less than twenty-four chapter for an offense. is consecutive hours, and by a fine of not less than two (b) It is not a defense to a prosecution for a violation of hundred fifty dollars. On a second or subsequent conviction, this section that the person was unaware that the prohibited the fine shall not be less than five hundred dollars. These conduct took place while in a school or school bus or within 'y one thousand feet of the school or school bus route stop, in t.} fines shall be in addition to any other fine or penalty mposed. Unless the court finds that the imposition of the a public park, on a public transit vehicle, or in a public minimum imprisonment will pose a substantial risk to the transit stop shelter. defendant's physical or mental well-being or that local jail (c) It is not a defense to a prosecution for a violation of facilities are in an overcrowded condition, the minimum term this section or any other prosecution under this chapter that 3r of imprisonment shall not be suspended or deferred. If the persons under the age of eighteen were not present in the n1 court finds such risk or overcrowding exists, it shall sentence school, the school bus, the public park, or the public transit Jr the defendant to a minimum of forty hours of community vehicle, or at the school bus route stop or the public transit a, service. If a minimum term of imprisonment is suspended vehicle stop shelter at the time of the offense or that school or deferred, the court shall state in writing the reason for was not in session. a granting the suspension or deferral and the facts upon which (d) It is an affirmative defense to a prosecution for a in the suspension or deferral is based. Unless the court finds violation of this section that the prohibited conduct took e the place entirely within a private residence, that no person person to be indigent, the minimum fine shall not be suspended or deferred. [1989 c 271 § 105.] under eighteen years of age or younger was present in such private residence at any time during the commission of the 1 (1994 Pd) [Title 69 RCW—page 71] 3 3' 69'50.435 Title 69 RCW Food, Drugs, Cosmetics, and Poisons offense, and that the prohibited conduct did not involve (6) "Transit authority" means a city county or state delivering, manufacturing, selling, or possessing with the transportation system, transportation authority public intent to manufacture, sell, or deliver any controlled sub- transportation benefit area, public transit authority or stance in RCW 69.50.401(a) for profit. The affirmative metropolitan municipal corporation within the state that defense established in this section shall be proved by the operates public transit vehicles; defendant by a preponderance of the evidence. This section (7) "Stop shelter means a passenger shelter designated shall not be construed to establish an affirmative defense by a transit authority [1991 c 32 § 4 Prior 1990 c 244 with respect to a prosecution for an offense defined in any § 1 1990 c 33 § 588; 1989 c 271 § 112.] other section of this chapter. Purpose—Statutory references—Severability-1990 c 33: See (e) In a prosecution under this section, a map produced RCW 28A.900 100 through 28A.900 102. or reproduced by any municipal, school district, county or Severability-1989 c 271: See note following RCW 9.94A.310. transit authority engineer for the purpose of depicting the location and boundaries of the area on or within one thou- ARTICLE V sand feet of any property used for a school, school bus route ENFORCEMENT AND ADMINISTRATIVE stop, public park, or public transit vehicle stop shelter, or a PROVISIONS true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence of 69.50.500 Powers of enforcement personnel. (a) It the location and boundaries of those areas if the governing is hereby made the duty of the state board of pharmacy,the body of the municipality, school district, county, or transit department, and their officers, agents, inspectors and authority has adopted a resolution or ordinance approving the representatives, and all law enforcement officers within the map as the official location and record of the location and state, and of all prosecuting attorneys, to enforce all provi- boundaries of the area on or within one thousand feet of the sions of this chapter, except those specifically delegated, and school, school bus route stop, public park, or public transit to cooperate with all agencies charged with the enforcement vehicle stop shelter Any map approved under this section of the laws of the United States, of this state, and all other or a true copy of the map shall be filed with the clerk of the states, relating to controlled substances as defined in this municipality or county, and shall be maintained as an official chapter. record of the municipality or county This section shall not (b) Employees of the department of health, who are so be construed as precluding the prosecution from introducing designated by the board as enforcement officers are declared or relying upon any other evidence or testimony to establish to be peace officers and shall be vested with police powers any element of the offense. This section shall not be to enforce the drug laws of this state, including this chapter. construed as precluding the use or admissibility of any map [1989 1st ex.s. c 9 § 437; 1971 ex.s. c 308 § 69.50.500.] or diagram other than the one which has been approved by Effective date—Severability-1989 1st ex.s. c 9• See RCW the governing body of a municipality, school district, county, 43.70.910 and 43.70.920. or transit authority if the map or diagram is otherwise admissible under court rule. 69.50.501 Administrative inspections. The state (f) As used in this section the following terms have the board of pharmacy may make administrative inspections of meanings indicated unless the context clearly requires controlled premises in accordance with the following otherwise: provisions: (1) 'School' has the meaning under RCW 28A.150.010 (1) For purposes of this section only, controlled or 28A.150.020. The term "school' also includes a private premises means: school approved under RCW 28A.195,010; (a) places where persons registered or exempted from (2) 'School bus" means a school bus as defined by the registration requirements under this chapter are required to superintendent of public instruction by rule which is owned keep records; and and operated by any school district and all school buses (b) places including factories, warehouses, establish- which are privately owned and operated under contract or ments, and conveyances in which persons registered or otherwise with any school district in the state for the exempted from registration requirements under this chapter transportation of students. The term does not include buses are permitted to hold, manufacture, compound, process, sell, operated by common carriers in the urban transportation of deliver, or otherwise dispose of any controlled substance. students such as transportation of students through a munic- (2) When authorized by an administrative inspection ipal transportation system; warrant issued pursuant to RCW 69.50.502 an officer or (3) 'School bus route stop means a school bus stop as employee designated by the board, upon presenting the designated on maps submitted by school districts to the warrant and appropriate credentials to the owner, operator, office of the superintendent of public instruction; (4) 'Public park' means land, including any facilities or or agent in charge, may enter controlled premises for the improvements on the land, that is operated as a park by the Purp(3) When authorized an administrative inspection. state or a local government; (3) When authorized by an administrative inspection g warrant, an officer or employee designated by the board (5) "Public transit vehicle means any motor vehicle, • street car, train, trolley vehicle, or any other device, vessel, may (a) inspect and copy records required by this chapter to or vehicle which is owned or operated by a transit authority be kept; and which is used for the purpose of carrying passengers on (b) inspect, within reasonable limits and in a reasonable a regular schedule; manner, controlled premises and all pertinent equipment. [Title 69 RCW—page 72] 0994 E31 CHARLES BOOTH, MAYOR FINANCE DEPARTMENT 1 Victor Thompson,son, Finance Director 25 We Main, Auburn WA 98001-4998 (206) 931-3033 �hingt� 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 Resolution No 2669 of the resolutions of the City of Auburn, entitled "RESOLUTION NO. " I certify that said Resolution No 2669 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 2nd day of October, 1995. Witness my hand and the seal of the City of Auburn this 13th day of � cOcttober, 1995 Robin Wohlhueter City Clerk City of Auburn