HomeMy WebLinkAbout2198 OrdinanceORDINANCE NO. 2198
AN ORDINANCE of the City of Pasco relating to the public health,
safety, and welfare, defining and making unlawful the
use, possession, sale, delivery, or manufacture of
drug paraphernalia and providing for its forfeiture
by adding a new chapter designated as Chapter 9.75
to the Pasco Municipal Code
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
Section 1. The Pasco Municipal Code is hereby amended by adding
thereto the following enactment, a new chapter designated as Chapter
9 75 to read as follows:
CHAPTER 9.75
DRUG PARAPHERNALIA
P.M.C. 9.75.010 DEFINITIONS.
(A) "Controlled substance", as used in this chapter, shall have
the meaning ascribed to that term in R.0 W. Chapter 69.50, the Uniform
Controlled Substance Act of the State of Washington.
(B) The term "Drug Paraphernalia" means all equipment, products
and materials of any kind which are used, intended for use, or designed
for use, in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing
into the human body a controlled substance, the possession of which
controlled substance is in violation of R C.W. 69.50. It Includes,
but is not limited to:
(1) Kits used, intended for use, or designed for use in
planting, propagating, cultivating, growing or harvesting of any
species of plant which is a controlled substance or from which a
controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing, processing, or
preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed
for use in increasing the potency of 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 substance;
(5) Scales and balances used, intended for use, or designed
for use in weighing or measuring controlled substances;
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(6) Diluents and adulterants, such as quinine hydrochloride,
mannitol, marmite, dextrose and lactose, used, intended for use, or
designed for 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 designed for use in compounding controlled
substances;
(9) Capsules, balloons, envelopes and other containers used,
intended for use, or designed for use in packaging small quantities of
controlled substances;
(10) 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 to use, or designed for use in parenterally injecting controlled
substances into the human body;
(12) Objects used, intended for use, or designed for use in
ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish,
or hashish oil into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or
ceramic pipes with or without screens, permanent screens, hashish
heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips: meaning objects used to hold a burning
marijuana cigarette, that has become too small or too short to be held
in the hand;
(f) Miniature cocaine spoons, and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(1) Electric pipes;
(3) Air-driven pipes;
(k) Chillums;
(1) Bongs;
(m) Ice pipes or chillers.
,
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In determining whether an object is drug paraphernalia, a court or
other authority shall consider, in addition to all other logically
relevant facts, the following
(1) Statements by an owner or by anyone in control of the
object concerning its use;
(2) 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;
(3) The proximity of the object, in time and space, to a
direction violation of this Chapter or R.C.W. 69.50,
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances
on the object;
(6) 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 knows, or should reasonably know, intend to use the object to
facilitiate a violation of this Chapter or R.C.W. 69.50; 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 for use, or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object
concerning its use;
(8) Descriptive materials accompanying the object which
explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(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(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the
object in the community;
(14) Expert testimony concerning its use.
(C) "Deliver or delivery" means the actual, constructive, or
attempted transfer from one person to another, whether or not there is
an agency relationship.
of October , 1980.
PASSED by the City Council of the City of Pasco this 20 day
A Snide., Mayor Pro Tem
ells, City Clerk
APP OVED AS TO FORM.
AAAs L (3Vi cc..—
n
Den is J. De ell , Ci y Attorney
AT
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P.M.C. 9.75.020 UNLAWFUL CONDUCT. It is unlawful for any
person to use, or to possess with the intent to use, drug paraphernalia
to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise induce into the
human body a controlled substance, the possession of which controlled
substance is in violation of R.C.W. 69.50 or to sell, deliver, possess
with the intent to sell or deliver, or manufacture with the intent to
sell or deliver, drug paraphernalia, knowing, or under circumstances
where one reasonably should know, that it will be used to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise introduce into
the human body a controhled substance, the possession of which controlled
substance is in violation of R.C.W 69.50.
A violation of this section shall be a violation of the Pasco
Municipal Code.
P.M.C. 9.75.030 FORFEITURE. Upon a conviction, the court shall
enter an order forfeiting to the city all paraphernalia found to have
been Involved in the commission of the offense.
P.M.C. 9.75.040 SEVERABILITY. The provisions of this Chapter
are declared to be separate and severable, and the invalidity of any
section, subsection, provision, clause, or portion of this Chapter, or
the invalidity of the application thereof of any person or circumstance,
shall not affect the validity of the remainder of this Chapter or the
validity of its application to other persons or circumstances.
Section 2. This ordinance shall be in full force and effect
afters its passage and publication as required by law.
Ordinance No 2198
An ordinance of the Clh
' of Pasco relating to the
public health, safety, and
welfare, defining and mak
ing unlawful the use, gas
session, sale, delivery, or
manufacture of drug pare
Phernalia and Providing for ,
Its forfeiture- by adding n
new chapter 1- designated as
Chapter 9 75 to the Pasco n
Municipal Code The City /Council of the
City of Pasco does ordain
as follows
Section 1 The Pasco Mu-
nicipal Code is hereby
amended by adding thereto
the following enactment, a
new chapter designated as
Chapter 9 75 to read as
follows •
Drug Paraphernalia
Chapter 9 75
P M C 9 75 010 Definitions
(A) ; Controlled sub-
stance," as used in this
chapter, shall have the
meaning ascribed to that
term Ito R C W Chapter
69 50, the Uniform Con-
trolled Substance Act of the
State of Washington
(B) The term "Drug Par-
aphernalia" means all
equipment products and
materials of any kind which
are used, Intended for use,
' or designed for use, In
Planting, propagating, culti-
vating, growing, harvesting,
manufacturing, corn- I
Pounding, converting, pro-
ducing, processing,
preparing, testing, analyz-
ing, packaging, repackaging ,
storing, containing, con-
cealing, infecting, ingesting,
Inhaling , or otherwise in-
troducing into the human
body a controlled substance,
the possession of which con-
trolled substance Is in viola-
tion of R C W 69 50 It
Includes, but Is not limited
to 0) Kits used, intended
for use, or designed for use
In planting, propagating ,
cultivating, growing or har-
vesting of any species of
plant which is a controlled
substance or from which a
I controlled substance can be
I derived,
(2) Kits used, Intended
I for use, or designed for use
In manufacturing, com-
pounding, converting, pro-
ducing, processing, or
preparing controlled
substances,
(3) Isomerization devices
used. Intended for use, or
designed for use In increas-
ing the potency of any spe-
cies of plant which is a
controlled substance,
(4) Testing equipment
used, Intended for use, or
designed for use In identi-
fying, or In analyzing the
strength, effectiveness or
purity of controlled
substance,
COUNTY OF Franklin
STATE OF WASHINGTON
Phyllis Graves , being first duly sworn on oath deposes
and says she the Principal Clerk of the Tr-City Herald,
a daily newspaper That said newspaper is a legal newspaper and has been approved as a
legal newspaper by order of the superior court in the county in which it is published and
it is now and has been for more than six months prior to the date of the publication
hereinafter referred to, published in the English language continually as a daily news-
paper in Franklin County,
Washington, and is now and during all of said time was printed in an office maintained
at the aforesaid place of publication of said newspaper That the annexed is a true
copy of a legal advertisement
Qrd. # 2.198
as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a
cidatattethe commencing
, 19 go , and
supplement thereof, for a period of
on the 24th
ending on the day of , 19 , and that said
newspaper was regularly distributed to its subscribers during all of this period
has been paid in full, also at the rate of
= 171,00
That the full amount of $ 171.00
Subscribed and sworn to before me this
28i in.@
27thdayof OCt. ,19 80
Notary Public in and for the State of Washington, residing at Pasco
day of
AFFIDAVIT OF PUBLICATION
6.00
Oct.
)s s
one time
or designed for use as drug
Paraphernalia,
(7) Instruction, oral or
written, provided with the
oblect concerning its use,
(8) Descriptive materials
accompanying the obiect
which explain or depict its
use,
(9) National and local ad
vertising concerning its use
(10) The manner in which
the obiect Is displayed for
sale
(11) Whether the owner
or anyone In control of the
object, Is a legitimate sup
tiller of like or related
items to the community,
such as a licensed distribu-
tor or dealer of tobacco
products,
(12) Direct or circum
stantial evidence of the ra-
tio of sales of the oblect(s)
to the total sales of the
business enterprise,
(13) The existence and
scope of legitimate uses for
the oblect in the
community,
(14) Expert testimony
concerning its use
(c) "Deliver or delivery
means the actual, construc-
tive, or attempted transfer
from one person to another
whether or not there Is on
agency relationship
P M C 9 75 020 Unlawful
Conduct it is unlawful for
any person to use, or to
Possess with the intent of
use, drug paraphernalia to
plant, propagate, cultivate,
grow, harvest, manufacture
compound, convert, produce,
process, prepare, test, ana
lyze, pack, repack, store,
contain, conceal, infect, In
gest, inhale or otherwise in
duce into the human body
a controlled substance, the
Possession of which con
trolled substance Is In viola
tion of R C W 69 50 or to
sell, deliver, possess with
the intent to sell or deliver
or manufacture with the in
tent to sell or deliver, drug
Paraphernalia, knowing, or
under circumstances where
one reasonably should
know,' that It will be used
to plant propagate, cult,
vote, grow, harvest, manu-
facture, compound, convert,
Produce, process, prepare,
test, analyze, pack repack,
store, contain, conceal, In
lect ingest, Inhale, or
otherwise Introduce into the
human body a controlled
substance, the possession of
which controlled substance
Is In violation of R C W
6950
A violation of this section
shall be a violation of the
Pasco Municipal Code
P M C 9 75 030 Forfeiture
Upon a conviction, the
court shall enter an order
forfeiting to the city all
Paraphernalia found to have
been involved in the com-
mission of the offense
P M C 9 75 040 Sever
ability The provisions of
this Chapter are declaredt
to be separate and sever
able, and the invalidity of
any section, subsection pro-
vision, clause, or portion of
this Chapter, or the in-validity of the application
thereof of any person or
circumstance, shall not of fed the validity of the re
malnder of this Chapter or
the validity of its applo
cation to other persons or
circumstances
Section 2 This ordinance
shall be in full force and
effect after its passage and
Publication as required by
law
Passed by the City Coun
cil of the City of Pasco this
20 day of October, 1980
-s- E A Snider,
Mayor Pro Tern
Attest
-s- Evelyn Wells,
City Clerk
Approved as to Form
s- Dennis J De Felice, , City Attorney
Legal No 9195 — Oct 24,
1980
(5) Scales and balances
used, intended for use, or
designed for use In weigh-
ing or measuring controlled
substances,
(6) Diluents and aduiter
ants such as quinine hydro-
chloride, mannitol mannite,
dextrose and lactose, used,
intended for use or de-
signed for use in cuffing
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 mariluana,
(8) Blenders, bowls, con-
tainers spoons and mixing
devices used, intended for
use, or designed for use In
compounding controlled
substances,
(9) Capsules balloons, en
volopes and other contain ers 3ed, intended for use,
or designed for use In
accizacing small Quantities
02 controlled substances,
(10) Containers and other
objects used, intended for uqe or designed for use In
st tering or concealing con-
t r oiled substances,
(11) Hypodermic syringes,
1 n eedles and other objects
t used, intended to use, or
I designed for use In parent-
rally injecting controlled
, oubstances Into the human
oda, , (12) Obiects used, in-
tended for use, or designed
for use in ingesting, in-
haling, or otherwise In-
troducing marijuana,
, :ocalne, hashish, or hashish
oil into the human body,
such as
(a) Metal, wooden, acryl-
ic, gloss, stone, plastic, or
r ceramic pipes with or with-
) out screens, permanent
I screens, hashish heads, or
punctured metal bowls,
(b) Water pipes,
( (c) Carburetion tubes and
/ de(vdif esS'm ok in g and carbure-
iron masks,
(a) Roach clips meaning
objects used to hold a
burning mariluana cigarette,
that has become too small
or too short to be held in
the hand,
(f) Miniature cocaine
spoons, and cocaine vials,
(g) Chamber pipes,
(h) Carburetor pipes,
(I) Electric pipes,
:I
I; BAirn-clesriven pipes,
(k) ChilluMs,
I (m) Ice pipes or chillers
, n determining whether an
obiect Is drug para-
phernalia, a court or other
authority shall consider, in
addition to all other logic-
lagl il lygwigg relevant facts, the
i (1) Statements by an
owner or by anyone In con-
itrol of the obiect con-
cerning its use,
(2)._ Prior convictions, If
any, of an owner, or of
anyone In control of the ob-
iect, under any state or
federal law relating to any
controlled substance,
(3) The proximity of the
oblect. In time and space,
to a direction violation of
6h9 isg,s Chapter or R C W
(4) The proximity of the
object to controlled
substances,
(5) The existence of any
residue of controlled sub-
stances on the oblect,
(6) Direct or circum-
stantial evidence of 'the in-
tent of an owner, or of
anyone in control of the ob-
led, to deliver It to persons
whom he knows, or should
reasonably know, Intend to
i a violation of this Chapter
use the obiect to facilitiate
or R C W 69 50, the in-
nocence of an owner, or of
anyone In control of the ob-
led, as to a direct violation
of this Chapter shall not
f prevent a finding that the
i oblect Is Intended for use,
FINANCE DE1ARTMEN1
(5091 545 3401
Scan 726 3401
P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
October 21, 1980
,
Tri City Herald
P 0 Box 2608
Pasco, Washington 99302
Gentlemen
Please publish the attached Ordinances on the following
date.
October 24, 1980
Please send two (2) Affidavits of Publication for each
Sincerely yours,
Evelyn Wells
City Clerk l
ew