Loading...
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; -2- (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. , -3- 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 -4- 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