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Home My WebLink About3233 OrdinanceORDINANCE NO.3ca35 AN ORDINANCE, of the City of Pasco, enacting a new Chapter 9 77 "Drug Free Zone" t ormallytstablishmg drug-free zones within the City, and providmg for enhanced penalties for drug-related activity therem WHEREAS, the City fmds that illegal drug transactions occur m or near public property, WIIEREAS, the City also finds that this activity places city residents at nsk for drug- related crimes and mcreases their general level of fear, WIIEREAS, the state legislature has provided that local governments may designate certam public property as drug-free zones, and WHEREAS, the Housmg Authonty of the City of Pasco and Franklm County has requested the City to designate public housmg within the city as drug free-zones, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DO ORDAIN as follows: Section 1. That a new chapter to the Pasco Municipal Code, Chapter 9 77 entitled "Drug- Free Zone" shall be and hereby is enacted and shall read as follows 9.77.010 Drug-Free Zones Declared. (a ) The City hereby establish that the followmg areas located within the City of Pasco as Drug-Free Zones (1) Schools as defined m RCW 28A 150 010 or 28A 150 020 and mcludtng pnvate schools approved under RCW 28A 195 010, (2) Public parks meaning land, mcludmg any facilities or improvements on the land, that is operated as a park by the City or any other governmental entity, (3) Housing Authority as defined by RCW 35 82 020, (4) City Civic Center meaning a publicly owned or publicly operated place or facility used for recreational, educational, or cultural activities, (5) The area within one thousand feet of the perimeter of the grounds of any such school, city park, civic center or housmg project (b ) Any facihty or use listed m Section (a) above coming into existence or estabhshed after the effective date of this ordinance shall automatically be designated Drug-Free Zone Ordinance - Page 1 of 3 as a drug-free zone All facilities and uses designated m Section (a) above, shall be posted with appropriate signs which indicate that such area is a drug-free zone 9.77.020 Prohibited Conduct within Drug-Free Zones. Any person who violates PMC 9 75 020 by usmg or possessmg drug paraphernalia, or violates Section 9 76 020 by possessing marijuana or RCW 69 50 401(a) by manufacturing, selling, delivering, or possessmg with the intent to manufacture, sell, or deliver a controlled substance hsted under that sub-section or who violates RCW 69 50 410 by selling for profit any controlled substance or counterfeit substance classified m Schedule 1, RCW 69 50 204, except leaves and flowering tops of marijuana to a person within a drug-free zone may be punished by a fine or imprisonment of up to twice the fme or impnsonment otherwise authorized for violation of the above sections Nothing herem shall authonze enhancement of the fine or imprisonment imposed by violation of RCW 69 50 206 or other fines or imprisonment otherwise authorized by this Title for an offense 9.77.030 Defenses. (a ) It is not a defense to a prosecution for a violation of this section that the person is unaware that the prohibited conduct took place within a drug-free zone (b ) It is not a defense to a prosecution for a violation of this section that persons under the age of eighteen (18) years were not present within the drug-free zone (c ) It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a pnvate residence, that no person under eighteen (18) years of age or younger was present m such a private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling or possessing with the intent to manufacture, sell or deliver any controlled substance in RCW 69 50 401(a) for profit The affirmative defense established m this section shall be proved by the defendant by a preponderance of the evidence This section shall not be construed as to establish an affirmative defense with respect to the prosecution of an offense defined m any other section of this Title 9.77.040 Map Designating Drug-Free Zone. In a prosecution under this section, a map produced or reproduced, by the City Engineer for the purpose of depictmg the location and the boundaries of the drug-free zones shall, upon proper authentication be admissible and shall constitute prima facie evidence of the location and boundaries of drug-free zones This map shall be updated by the City Engineer from time to time as subsequent drug-free zones come into existence or are terminated A true copy of the map shall be filed with the City Clerk and maintained as an official record of the City This section shall not preclude the prosecution from introducing or relying upon other evidence or testimony to establish any element of the offense Drug-Free Zone Ordinance - Page 2 of 3 Charles D Kilbury Mayor This section shall not be construed to preclude the use or admissibility of any map or diagram other than the approved map if the map or diagram is otherwise admissible under court rule Section 2. The City Council does approve and adopt as the official map, subject to modifications as qualifymg facilities and uses within drug-free zones may come mto existence or may be terminated, as Exhibit A as attached to this ordinance, a copy of which shall be filed with the City Clerk and maintained as an official record of the City of Pasco Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law Passed by the City Council of the City of Pasco and approved provided by law this 19 day of 1997 ATTEST Cathy Seaman City Clerk Leland B Kerr City Attorney Drug-Free Zone Ordmance - Page 3 of 3 - , - x Si, 4‘ At\ \ t ‘` \ < \c\ \ <'7."<‘' \\) - N , %•.‘ / PI - ARGENT 140341 " 9 I 47 wrITREPT, SCHOOLS, PUBLIC ez PRA VA TB Z42 CIVIC CENTERS LIB,r2C ATODT 371 ir DRUG FREE BOUNDARY SYLVESTER STITEETfi i t 15 \ \, 4 41 \ 50 „P 4$ 1 TRI-CITEES PREP-A CATHOUC NIGH SCHOOL P NIGL0UG1LIN MIDDE E SCHOOL 3 RUTH LNINGSTON ELLMENTAIRY 1•ChlOOL 4 T RA C I Fill 4‘MES BA3EBALL STADIUM 13 PASCO tiOCtaR COMPLEX 8 !AMES MGM. ELEMENTARY $0-1001.. r WOE PARK 15 PASO SOCCER CC/NEALE/I AT RD 38 13 FEW HORIZONS HIGH SCHOOL 10 MARK TWAIN ELEMENTARY SC11001_ 11 TRI-ITTEE 31112013 AC ADI MY 12 ROBERT IPOS F ELEMI NTARY -SCHOOL 13 NV C 4, TEVFPCS MIDDLE E CHOOL 14 PROPOGED COMPLEX-PHA 15 MAPLEWOOD SQUARE-PHA 18 TRI-CMES REGIONAL AIRPOR r TERMNAL IT RICHARD<iON PARK 18 LUCAS PARK 19 CENTENNIAL PARK 20 ALETERWOOD SQUARE-PHA SI Pmco 111011 431001./CAIP1TAIN GRAY ELEMENTARY SCHOOL 22 Sr PATRICKS CATHOLIC SCHOOL 23 EMLRSON ELINLNTARTY SCHOOL NI EDGAR BROWN STADRIM 28 SENOR CENTER 28 FRANKLIN COUNTY COURTHOUSE 27 SY LV E STER PARK 28 PAW. 0 I. 1131,ARY 38 MEMORIAL PARK 30 RIVERSIDE PARK/BOOTH ELL134' .31 CABLE BRIDGE PART 31 LONGFELLOW 13.12111311ARY SCHOOL 31 SAGENIOOD 901.1A8 E- PHA 341 OAKWOOD S3UAFEE-P141A 341 MERCIER PARK 38 DRFTWOOD SOUARE-PHA 37 EIRWOOD QUARK-PHA as .4HL15GEL, PARK 31 SOTO IDEVOCID ENitUARI PHA 40 ROSEWOOD PAPK-PHA 41 VOLUNIEEP PARK 44' C3E1 OF PASCO CIVIC CENTER 43 MULTI MODAL EACILITY 44 DOWNTOWN POLICE SUBSTATION 41 PEANUTS PAW 411 WAY SIDE PARI4 4( WHETTER ELENE NTARY SCHOOL 48 14KhILAND PARK 49 HIGHLAND PARK ROME9-1144A 50 KURTZMAN PARK/MAIRTP1 LLITFER KING CENTER. 51 ARBOR El MS APARTMENTS 51 BETECHWOOD 11438APE PHA 53 EIRCHWOOD SQUARE-PHA Si ALE 5-A 5 HILLSBORO ''afIltr4E1 el:4*w • 7 / - PARKS SCHOOLS, PUBLIC & PRIVATE K-12 CIVIC CENTERS PUBLIC HOUSING DRUG FREE BOUNDARY 0 500 1000 1500 2000 2500 501:0 SCALE BAR TR 2 Mc 3 RL 4 Ti 5 PA 6 JA 7 Mc 8 PA 9 NE 10 MA 11 TRI 12 RC 13 IS 15 MA 16 TR 17 RIC 18 LUi 19 CEI 20 AL (-1 -T6-1 21 PASCO HIGH SCHOOL/CAPTAIN GR ELEMENTARY SCHOOL 22 ST PATRICKS CATHOLIC SCHOOL 23 EMERSON ELEMENTARY SCHOOL 24 EDGAR BROWN STADIUM 25 SENIOR CENTER 26 FRANKLIN COUNTY COURTHOUSE 27 SYLVESTER PARK 28 PASCO LIBRARY 29 MEMORIAL PARK 30 RIVERSIDE PARK/BOOTH FIELDS 31 CABLE BRIDGE PARK I—CITIES PREP—A CATHOLIC HIGH SCHOOL LOUGHLIN MIDDLE SCHOOL ITH LIVINGSTON ELEMENTARY SCHOOL R A C /TRI—CITIES BASEBALL STADIUM n SCO SOCCER COMPLEX MES McGEE ELEMENTARY SCHOOL GEE PARK n SCO SOCCER COMPLEX AT RD 36 W HORIZONS HIGH SCHOOL RK TWAIN ELEMENTARY SCHOOL —CITIES JUNIOR ACADEMY BERT FROST ELEMENTARY SCHOOL n AC STEVENS MIDDLE SCHOOL 1PLEWOOD SQUARE—PHA I—CITIES REGIONAL AIRPORT TERMINAL HARDSON PARK AS PARK VTENNIAL PARK )ERWOOD SQUARE—PHA I , 1 ' _ , , 1 - - I • ST r 4:.•T Lnu, E N "A" ST A / / --„.4 „ .....,__ _ , , - ,,,,„,,,,,, 107 ‘-- r •-- ,..„,.. ."..,..,..! ,..... ,... i -.... 7,, 7(- ER KING CENTER N 4,Ajl 14..1 r ,,,,,,., „ij ___,..1 _ ,,, —3S—.1— F-71 1 1 J: --N V 1 1 1 1 T ' < A....rit-S- ; 1 r i 3 PEARL ST 1-7. ;1 vi -:, i n-r-,,,---r I i i... 1 1 2 /I , P a i 1.3 In ' it--=----s.--- K 11 1 1 < LIS Seirik j_te+;(:.----trr —r-W.P.--t ,t .--1.--H t f 6 , ,..„,c„...._ RT ST _,..J---er2-11 i 4; 48 "EEL - AY 32 LONGFELLOW ELEMENTARY SCHOOL 33 SAGEWOOD SQUARE—PHA 34 OAKWOOD SQUARE—PHA 35 MERCIER PARK 36 DRIFTWOOD SQUARE—PHA 37 FIRWOOD SQUARE—PHA 38 SCHLAGEL PARK 39 SPRUCEWOOD SQUARE—PHA 40 ROSEWOOD PARK—PHA 41 VOLUNTEER PARK 42 CITY OF PASCO CIVIC CENTER 43 MULTI MODAL FACILITY 44 DOWNTOWN POLICE SUBSTATION 45 PEANUTS PARK 46 WAYSIDE PARK 47 WHITTER ELEMENTARY SCHOOL 48 HIGHLAND PARK 49 HIGHLAND PARK HOMES—PHA 50 KURTZMAN PARK/MARTIN LUTH 51 ARBOR ELMS APARTMENTS 52 BEECHWOOD SQUARE—PHA 53 BIRCHWOOD SQUARE—PHA ROAD 36 i sJ 4-tT7 44. 7 S6c — sn r S OdOEIS111H 'Lr'L 1/4.3 :ck ' F-1) ;C 100 -% Sae P 0 BOX 2608 PASCO, WASHINGTON 99302-2608 PHONE (509) 582-1500 LEOAL A E TIMM INVOICE SOLD TO F AS1,0 CIF OF LEGALS P .0 . BOX 8'7): Ascu WA 193: 01 DATE 05!d5/ 7 LEGAL • ACCOUNT NO c l()L1r-() DESCRIPTION -I f IF, r r NtANI - t- 7"a_-). ;.7 TIMES ( )( )1 LINES (-)() . 1 o TOM& $ 7-r7 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 AF1110z2Vfir PUBMCAY11056 1 MECEPVE MAY 30 1007 FllNANCE DEPT. COUNTY OF BENTON SS STATE OF WASHINGTON I TM 13F201 D , 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 copyofa94e oRn NANC E NO AN as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on (it ,/ 2)5 PT/ , and ending on (")"./ Pt./ :1/ , and that said newspaper was regulary distributed to its subscribers during all of this period Jv SUBSCRIBED AND SWORN BEFORE ME THIS _63) DAY OF °1\-c4-1-) Notary public in and for the State of Wash- ington, residing at reennewiel l; I CM_ ANTI WA COMMISSION EXPIRES ( f,/u" LEGALS Passed by the City Council of the City of Pasco and approved provided by law this 19 day of May 1997 -s Charles D Kilbury Mayor AttesT -s- Catherine D Seaman Deputy City Clerk -s- Leland B Kerr City Attorney #996 5/25/97 I Go First Classl I 688-6IleIl ORDINANCE NO 3233 AN ORDINANCE OF THE CITY OF PASCO ENACT- ING A NEW CHAPTER 977 DRUG FREE ZONE" FORMALLY ESTABLISH- ING DRUG FREE ZONES WITHIN THE CITY AND PROVIDING FOR EN HANGED PENALTIES FOR DRUG RELATED ACTIVITY THEREIN WHEREAS the City finds that illegal drug transactions occur in or near public property WHEREAS the City also finds that this activity places city residents at risk for drug related crimes and increases their general level of fear WHEREAS the state legis- lature has provided that lo cal governments may des ignate certain public property as drug-free zones and WHEREAS the Housing Authority of the City of Pasco and Franklin County has requested the City to designate public housing within the City as drug-free zones NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN AS ,FOLLOWS Section 1 That a new chapter lc the Pasco Mu- nicipal Code Chapter 9 77 entitled Drug-Free Zone shall be and hereby is en- acted and shall read as follows 9 77 010 DRUG FREE ZONES DECLARED (a) The City hereby estab- lishes that the following areas located within the City of Pasco as Drug Free Zones (1) Schools as defined in RCW 28A 150 010 or 28A 150 020 and includirg private schools approved under RCW 28A 195 CM) (2) Public parks meanric and including any fac IL co or improvements or trio land that is operated no a park by the City or any other governmental en ty (3) Housing Authority as defined by RCW 35 82 020 (4) City Civic Center mean- ing a publicly owned or publicly operated lace ul facility used for recrea- tional educational or cul- tural activities (5) The area within one thousand feet c f the perim- eter of the grounds of ay such school city park civ c center or housing project (b) Any facility or use listed in Section (a) above corn trig into existence or estao- lished after the effectivo date of this ordinance shall automatically be desig nated as a drug-free zone All facilities and uses des- ignated in Section (a) above shall be posted with appropriate signs which in dicate that such area is a drug-free zone 9 77 020 PROHIBITED CONDUCT WITHIN DRUG FREE ZONES Any person who violates PMC 9 75 020 by using or pos sessing drug parapherna- lia or violates Section 9 76 020 by possessing marijuana or RCW 69 50 401(a) by man- ufacturing selling de livenng or possessing with 'the intent to manufacture (sell or deliver a controlled !substance listed under that !sub section or who violates RCW 69 50 410 by selling for profit any controlled substance or counterfeit substance classified in !Schedule 1 RCW 69 50 204 except leaves and flowering tops OT man Juana to a person within a drug-free zone may be punished by a fine or im- prisonment of up to twice the fine or imprisonment otherwise authorized for violation of the above sec tions Nothing herein shall authorize enhancement of the fine or imprisonment imposed by violation of RCV 69 50 206 or other fines or imprisonment oth- erwise authorized by this Title for an offense 9 77 030 DEFENSES (a) It is not a defense to a pros ecution for a violation of this section that the person is unaware that the prohib- ited conduct took place within a drug-free zone (b) It is not a defense to a prosecution for a violation of this section that persons under the age of eighteen (18) years were not present within the drug free zone (c) It is an affirmative de- fense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence that no person under eighteen (18) years of age or younger was present in such a pri- vate residence at any time during the commission of the offense and that the prohibited conduct did not involve delivering man-I ufactunng selling or pos- sessing with the intent to manufacture sell or deliver any controlled substance in RCW 69 50 401(a) for profit The affirmative de- fense established in this section shall be proved by the defendant by a prepon- derance of the evidence This section shall not be construed as to establish an affirmative defense with respect to the prosecution of an offense defined in any other section of this Title 9 77 030 MAP DESIGNAT ING DRUG FREE ZONE In a prosecution under this section a map produced or reproduced by the City En glneer for the purpose of depicting the location and the boundaries of the drug- free zones shall upon proper authentication be admissible and shall con stitute prima facie evidence of the location and boundaries of drug-free zones This map shall be updated by the City En- gineer from time to time as subsequent drug free zones come into existence or are terminated A true copy of the map shall be filed with the City Clerk and maintained as an official re- cord of the City This sec- tion shall not preclude the prosecution from introduc- ing or relying upon other evidence or testimony to establish any element of the offense This section shall not be construed to preclude the use or admis- slbilLy of any map or dia- gram other than the ap- proved map if the map or diagram is otherwise ad- mioo ;le under,, court rule Soot en 2 The City Council does approve and adopt as the official map subject to modifications as qualifying facilities and uses within drug-free zones may come into existence or may be terminated as Exhibit A as attached to 'his ordinance a copy of which shall be filed with the City Clerk and maintained as an official re cord of the City of Pasco Section 3 This ordinance shall take full force and ef feet five (5) days after its approval passage and publication as required by