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HomeMy WebLinkAbout2704 OrdinanceORDINANCE NO. 2704 AN ORDINANCE relating to public safety and morals, prohibiting loitering for the purposes of engaging in drug-related activity, enumerating circumstances which may be considered as manifesting such purpose, declaring such conduct to a misdemeanor, and providing a penalty therefor; and amending the Pasco Municipal Code by adding thereto a new chapter, to be known and designated as Chapter 9.37, consisting of four sections, numbered 9.37.010 through 9.37.040; and declaring an emergency to make necessary the passage of this Ordinance and its taking effect immediately upon publication. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Pasco Municipal Code is hereby amended by the addition thereto of a new chapter, to be known and designated as Chapter 9.37, consisting of four sections, numbered 9.37.010 through 9.37.040, reading as follows: CHAPTER 9.37 LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED ACTIVITY Sections: 9.37.010 Loitering for the purpose of engaging in drug-related activity. 9.37.020 Chapter cumulative. 9.37.030 Severability. 9.37.040 Violation - Penalty. 9.37.010 LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED ACTIVITY. A. It is unlawful for any person to remain in or near any thoroughfare or place open to the public, in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of Chapters 69.41, 69.50, or 69.52 of the Revised Code of Washington. B. Among the circumstances which may be considered in determining whether such purpose is manifested are: 1. Such person is a known unlawful drug user, possessor, or seller. For purposes of this chapter, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession, delivery or sale of any of the substances referred to in Chapter 69.41, 69.50 and 69.52 of the Revised Code of Washington, or such person has been convicted of any provision of said chapters of the Revised Code of Washington or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication usage, such as "needle tracks"; or a person who possesses drug paraphernalia as defined in Section 9.75 of the Pasco Municipal Code; -1- 2. Such person is currently subject to an order prohibiting his/her presence in a high drug activity geographic area; 3. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including by way of example only, such person acting as a "look-out"; 4. Such person is physically identified by the officer as a member of a "gang" or association which has as its purpose illegal drug activity; 5. Such person transfers small objects or packages for currency in a furtive fashion; 6. Such person takes flight upon the appearance of a police officer. 7. Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity; 8. Such person refuses to identify himself or herself upon the request of an identified police officer; 9. The area involved is known to the arresting officer to be an area of unlawful drug use and trafficking on the basis of past arrests by the Pasco Police Department or other law inforcement agency, articuable facts known by the officer, or intelligence information gathered by the Pasco Police Department and made known to the officer; 10. The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to Chapter 69.52 of the Revised Code of Washington; 11. Any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or person for whom there is an outstanding warrant for a crime involving drug-related activity. These examples are not exclusive, but merely demonstrate some of the types of conduct which may be considered in determining whether an unlawful purpose or intent is manifested. C. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this chapter, allow the person an opportunity to disspell any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. D. No person shall be convicted of an offense under this provision if the police officer did not comply with the preceding section, or if it appears at trial that the explanation given by the person was true and disclosed a lawful purpose. 9.37.020 CHAPTER CUMULATIVE. The provisions of this Chapter are intended as cumulative and selective and shall not repeal any other ordinance involving the same subject matter. 9.37.030 SEVERABILITY. If any provision of this Chapter is held invalid, such invalidity shall not affect any other provision, or the obligation thereof, which can be given affect without the inviolate provision or application, and to this end the provisions of this Chapter are declared to be severable. -2- ATT ST: WIP EVELYN WELLS, City Clerk 9.37.040 VIOLATION - PENALTY. Any person who violates the provisions of this Chapter is guilty of a misdemeaner, and upon conviction shall be imprisoned for up to one (1) year and be subject to a fine of not more than five thousand dollars ($5,000.00). Section 2. Time is of the essence in this matter because the City's drug problems are increasing rapidly, causing immediate and imminent danger to the public health and safety and to property in the area where drug use is taking place. Therefore, an emergency is hereby declared to exist, making necessary the passage of this Ordinance and its taking effect upon publication. PASSED6eXhe City Council and APPROVED by the Mayor this 5 day of 671 1988. ED HENDLER, Mayor ; APPROVED AS TO FORM: GREG A. RUB TELLO, City Attorney // SUBSCRIBED AND SWORN BEFORE ME THIS era ld P0 BOX 2608 PASCO, WASHINGTON 99302 (509) 582-1500 n EIKE VIE DATE LEGAL NO CCOUNT NO ESCRIPTION jJ.11;1 n 1 N : LEGAL ADVERTISING U U OCT 1 7 1988 TIMES INVOICE - - LINES - SOLD TO FINANCE DEPT. TOTALS • ••-.- IA NOTICE. This Is an invoice for legal advertising space Please pay from this Invoice as no statement will be rendered Please detach at perforation and return with payment AFFIDAVIT OF PUBLICATION ORDINANCE NO 2104 AN ORDINANCE le I a t - n g to publig,,safety:and morals prohibitlit loitering for the purposes of engag ing in drug-related activity enumerating circitm- stances which may be con- sidered as manifesting such purpose declaring such conduct to a misde- 896 and lproviding a nd 6 , being duly sworn, deposes and says, I am the Legal 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 countinually as a daily newspa- per in Benton County, Washington That the attached is a true cop y of a Ur din a. n c . :704 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 0 0 1 time(s), commencing on oc.)70 , and ending on 0070n and that said newspaper was regulary distributed to its subscribers during all of this period COUNTY OF BENTON STATE OF WASHINGTON JANE!. LA WI NC LE: SS 4 03 )0 IC IU Is to. I PA ifest y endeavors to con- ceal himself or =herself or any ,object whichrea-, sonabiy , could be involved l'.31in an unlawful drug-related OIL activity,' M70, V-h grg ntlit )82 , 8 such person,^refilses 60 to Identify himself oi*M eisetf, )19 urn the regLiest' ofj4,an t entifed poliefrofficer,S4 391 ,, 9 The , area Inyolvtid, is , P., known to the arresting, offiZ 19 cer to be aroarea of unlaw= )1 1 ful,drtm„use'ang traffickiO9 )ork ti e ba,sia,pf pas,tarEests 10 by the Pasco Police Depah- fl I metlorther blaw.,inforce.0 14 ' ment agehey,.artfeuable ,0 facts iknowrif.byotheloffider, or intelligence „Information gatheredibylthe Pasco po-, lice Department ahd made known to, the officertt•KVIik ^ ' 10 The premises ,in, ' 'volved, are known'to have It been reported to , law < en- 'A forcement eas4alplace 'Bus- I/3 pected of ',drug riactivity, Lb pursuant .to ,Chapter -69 52, i of e theoRevised Code - of q Washington, ,, x30 1'1.1P1- 3J _ 11 "iAny , vehicle involved, is registered to a known un- l" lawful ,drugl user;'posses- g sor,,or sellerAo person,for 9 whom there Is an outstand- 1 impwarrard i for' a crime-tn- i vo I vIngrtugrretatild B activity Alto -412;1;43 9 ' - , These, examples fare not exclusive- but merely dem- onstrate some of the types of conduct which may be considered in determining whether an unlawful pur- pose or intent is man ifested C Unless flight by the 3 person or other circum- stances makes it impracti- cal a police officer shall prior to any arrest tor an of- fense under this vr,.hapter allow the preson art,,opoor- tunity to disspell arry,*tlrm which would othenwh* be ( warranted by' requgilsting I him to identify himself , and explain his presence and conduct to ing as as of ed WA CO by on to ed R-, Ii DAY OF , 42iU 7r A 14 Notary public in and foVte__,,Stapo ington, residing at COMMISSION EXPIRES Lai Ul nd 04 Lu 40 30 fli es L L ea 00 hIM JOSS D No person shall be ,_.°H Convictad -of LanalaktfearasuaLI ORDINANCE NO 2704 AN ORDINANCE relat (3T3 mg to public safety and r morals prohibiting loitering i for the purposes of engag 1 mg in drug related activity ei enumerating circum l i ) stances which may be con toil sidered as manifesting De such purpose declaring le such conduct to a misde- 'n meanor and providing a 1 penalty therefor and ')s amending the Pasco Mu I p nici pa I Code by adding Pie thereto a new chapter to 1,1 be known and designate as )e Chapter 9 37 consisting of )0 four sections numbered I 9 37 010 through 9 37 040 1 and declaring an emer 0 gency to make necessary 10 the passage of this Ordi lc nance and its taking effect A immediately upon publica 111-5 THE CITY COUNCIL OF THE CITY OF PASCO I WASHINGTON DO OR °AIN AS FOLLOWS Section 1 The Pasco Municipal Code is hereby 1.1 amended by the addition thereto of a new chapter to b be known and designated Li as Chapter 9 37 consisting, of four sections numbered1/ ja 9 37 010 through 9 37 0401 i;irea_diria as follows t ,41 CHAPTER 937 41 LOITERING FOR THE a PURPOSE OF - H ENGAGING IN DRUG- LI RELATED ACTIVITY Ri Sections ,E 9 37 010 Loitering for the Ipurpose of engaging in drug related activity 9 37 020 Chapter cumula- tive 9 37 030 Severability 3i 9 37 040 Violation Pen- 11 alty 9 37 010 LOITERING iu FOR THE PURPOSE OF ENGAGING IN DRUG-RE LATED ACTIVITY J A It is unlawful for any J person to remain in or near C any thoroughfare or place ', open to the public in a i manner and under circum- stances manifesting the t! purpose to engage in drug- P, related activity contrary to 1, any of the provisions of 11 Chapters 69 41 - 69 50 or II 69 52 of the Revised Code , of Washington B Among the circum- 1I stances which may be con- , sidered in determining , whether such purpose is manifested are 1 1 Such person is a known unlawful drug user possessor or seller For ' purposes of this chapter a I known unlawful drug user : possessor or seller is a ; person who has within the ; knowledge of the arresting 1 officer been convicted in any court within this state of any violation involving the use possession delivery or sale of any of the sub- stances referred to in Chap ,( ter 64 41 69 50 and 69 52 ( of the Revised Code of ( Washington or such per ( son has been convicted of any provision of said chap 1 ters of the Revised Code of Washington or substan [ hally similar laws of any po litical subdivision of this state or of any other state n or a person who displays physical characteristics of drug intoxication usage i such as needle tracks or i , a person who possesses drug paraphernalia as de- ' fined in Section 9 75 of the , Pasco Municipal Code 2 Such person is cur- rently subject to an order prohibiting his/her pres ence in a high drug activity geographic area 3 Such person behaves in such a manner as to raise a reasonable suspi cion that he or she is about to engage in or is then en gaged in an unlawful drug related activity including by way of example only such 05erson acting as a look out 4 Such person is physi cally identified by the offi cer as a member of a gang or association which has as its purpose if legal drug activity 5 Such person transfers small objects or packages for currency in a furtive fashion 6 Such person takes flight upon the appearance of a police officer 7 Such person man ifestly endeavors to con ceal himself or herself or any object which rea- sonably could be involved in an unlawful drug related activity 8 Such person refuses to identify himself or herself upon the request of an identifed police officer 9 The area involved is known to the arresting offi cer to be an area of unlaw ful drug use and trafficking on the basis of past arrests by the Pasco Police Depart ment or other law inforce ment agency articuable facts known by the officer or intelligence information gathered by the Pasco Po lice Department and made known to the officer 10 The premises in volved are known to have been reported to law en forcement as a place sus pected of drug activity pursuant to Chapter 69 52 of the Revised Code of Washington 11 Any vehicle involved is registered to a known un lawful drug user posses sor or seller or person for whom there is an outstand mg warrant for a crime in volving drug related activity These examples are not exclusive but merely dem onstrate some of the types of conduct which may be considered in determining whether an unlawful pur ipfeosst eor intent is man ed C Unless flight by the person or other circum stances makes it impracti cal a police - officer shall prior to any arrest for an of- fense under this chap* alidw the preso-6 an oppor tunity to disspell any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct D No person shall be convicted of an offense under this provision if the police officer did not com ply with the preceding sec Von or if it appears at trial that the explanation given by the person was true and disclosed a lawful purpose 9 37 020 CHAPTER CU MULATIVE The provisions of this Chapter are in- tended as cumulative and selctive and shall not repeal any other ordinance involv ing the same subject mat- ter 9 37 030 SEVERABIL ITY If any provision of this Chapter is held invalid such invalidity shall not af fect any other provision or the obligation thereof which can be given affect without the inviolate provi sion or application and to this end the provisions of this Chapter are declared to I be severable 9 37 040 VIOLATION PENALTY Any person who violates the provisions of this Chapter is guilty of a misdemeaner and upon conviction shall be impris oned for up to one (1) year and be subject to a fine of not more than five thou- sand dollars ($5 000 00) Section 2 Time is of the essence in this matter be cause the City s drug prob lems are increasing rapidly causing immediate and im minent danger to the public t health and safety and to s property in the area where to drug use is taking place q Therefore an emergency is hereby declared to exist makina necessary the pas ; sage of this Ordinance and 0 its taking effect upon publi caption PASSED by the City PI Council and APPROVED by the Mayor this 3 day of k October 1988 s Ed Hendler Mayor ATTEST -s Evelyn Wells City Clerk APPROVED AS TO FORM S Greg A Rubstello City Attorney #7343 - 10/7/88 (uoiBuitisem to °IBIS I Pr I _ 90€ .29A90)_ October 4, 1988 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance Nos. 2701 through 2705 on the following date: October 7, 1988 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew