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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. 71 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. 2 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. 3 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. 1 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. 4 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 9