HomeMy WebLinkAbout3135ORDINANCE NO. _3/.3S
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
9.12, the City Penal Code, by adding a new
section relating to the prohibition of drug -
traffic loitering.
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WHEREAS, innocent persons, especially children, who
come in contact with illegal drug-related activity within the
City of Kent and its neighborhoods are seriously and adversely
affected; and
WHEREAS, drug-related activity has presented a serious
threat to the peace and safety of the citizens of Kent; and
WHEREAS, the City Council has been made aware by
citizens of the City as to the increased, wide -spread illegal
drug-related activities occurring in this City; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. There is hereby added to Chapter 9.12 of
the Kent City Code a new section, 9.12.75, as follows:
drug traffic
loitering
Sec. 9.12.75. Drug -traffic loitering.
A. As used in this section:
1. "Conviction" means an adjudication of guilt
pursuant to Titles 10 or 13 RCW, or the equivalent provisions of
j; any federal statute, state statute or ordinance of any political
subdivision of this state, and includes a verdict of guilty, a
finding of guilty and an acceptance of a plea of guilty.
IJ 2. "Drug paraphernalia" means drug
paraphernalia as the term is defined in the Uniform Substance
Act, RCW 69.50.102, excluding hypodermic syringes or needles in
the possession of a confirmed diabetic or a person directed by
C his or her physician to use such items.
3. "Illegal drug activity" means unlawful
conduct contrary to any provision of RCW Chapter 69.41, 69.50 or
69.52, or the equivalent federal statute, state statute, or
ordinance of any political subdivision of this state.
4. "Known drug trafficker" means a person who
has, within the knowledge of the arresting officer, been
jconvicted within the last two years in any court of any felony
illegal drug activity.
5. "Public place" is an area generally visible
to public view and includes, but is not limited to, streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking
lots, transit stations, shelters and tunnels, automobiles visible
to public view (whether moving or not), and buildings, including
those which serve food or drink, or provide entertainment, and
the doorways and entrances to buildings or dwellings and the
grounds enclosing them.
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B. A person is guilty of drug -traffic loitering if
public place and intentionally solicits,
he or she remains in a P e in unlawful
induces, entices, or procures another to engag
conduct contrary to Chapter 69.50, Chapter 69.41, or Chapter
69.52, Revised Code of Washington. themselves
C. The following circumstances do not by
constitute the crime of drug -traffic loitering. Among the
whether the
circumstances which may be considered aredthatmhelng or she:
actor intends such prohibited conduct
officer to be in possession
1, Is seen by
of drug paraphernalia; or
2. Is a known drug trafficker; or
3. Repeatedly beckons to, stops or attempts to
stop passersby, or engages passersby in conversation; or
4. Repeatedly stops or attempts to stop motor
vehicle operators by hailing, waving of arms or any other bodily
gesture; or
5. Circles an area in a motor vehicle and
repeatedly beckons to, contacts,
or attempts to stop pedestrians.
D. No person may
be arrested for drug -traffic
loitering unless probable cause exists to believe that he or she
public place and has intentionally solicited,
has remained in a p e in unlawful
induced, enticed or procured another to engag or Chapter
conduct contrary to Chapter 69.50, Chapter 69.41,
69.52 Revised Code of Washington.
E. A person convicted of drug -traffic loitering
under this section shall be punished by a fine of not more than
five thousand dollars ($5,000.00) or term of imprisonment of not
more than one (1) year, or both.
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Section 2. Severability. If any one or more
sections, subsections or sentences of this chapter are held to be
unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this chapter and the same
shall remain in full force and effect.
Section 3. Effective Date. This ordinance shall take
effect and be in force thirty (301 days from and after its
passage, approval and publication as provided by law.
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DA, i KELLEHER, MAYOR
ATTEST:
BRENDA JACO , CITY CLERK
TO FORM:
A. LUBOVICH, CITY ATTORN
/ ,
PASSED the o1` day of 1993.
APPROVED the day of , 1993.
PUBLISHED the day of 1993.
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I hereby certify that this is a true copy of
Ordinance No. ---3/,35 , passed by the City Council of the City
of Kent, Washington, and approved by the Mayor of the City of
Kent as hereon indicated.
( SEAL)
BRENDA CO R, CITY CLERK
loiter.ord
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