HomeMy WebLinkAbout2933ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to solicitation of sale or
purchase of narcotics; amending Ordinance 1787
(Kent City Code Chapter 9.12).
WHEREAS, the Kent City Council seeks to increase law
enforcement's arsenal in the war on drugs; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
follows:
Section 1. Kent City Code Chapter 9.12 is amended as
CHAPTER 9.12
NARCOTICS AND BARBITUATES
Lr,
9.12.04. UNLAWFUL TO USE OR BE UNDER INFLUENCE OF
NARCOTICS - EXCEPTION. It shall be unlawful, except when lawfull,
administered in good faith by a physician or other person
authorized by law to do so, for any person to use or be under the
influence of opium, morphine, cocaine, hydrate of chloral,
isonipecaine, amidone, isosmidone, keto-bemidone, or any other
substance neither chemically nor physically distinguishable from
any one of them or any opiate or narcotic or derivative thereof.
An individual is "under the influence" of narcotics for the
purpose of this Section when any of his normal faculties are
substantially affected or impaired as a result of the use of such
opiate or narcotic or derivative thereof.
9.12.08. UNLAWFUL TO POSSESS NARCOTICS WITHOUT PROPER
LICENSE OR PRESCRIPTION. It shall be unlawful for any person not
being registered or licensed as is required by the Federal Act of
December 17, 1914, commonly known as the Harrison Act, (Sec. 3221,
Title 26, Ch. 27, United States Code Annotated, and the Controller
Substance Act of October 27, 1980 - Public Law 91-513), to possess]
any opium, morphine, cocaine, hydrate of chloral, isonipecaine,
amidone, isosmidone, keto-bemidone, or any other substance neither
chemically nor physically distinguishable from any one of them, o
any opiate or narcotics or derivative thereof unless purchased by
the possessor thereof upon prescription of a physician or other
person licensed by law to dispense such narcotic or narcotic drug.
9,12-12. UNLAWFUL TO btijL VK t7lVrkiftfviftz 11 •• ""'.,
PRESCRIPTION --PRESCRIPTION RECORD. It shall be unlawful for any
apothecary, pharmacist, druggist or other person, to sell, give
away, exchange, barter or otherwise dispose of, any opium,
morphine, cocaine, hydrate of chloral, isonipecaine, amidone,
isosmidone, keto-bemidone, or any other substance neither
chemically nor physically distinguishable from any one of them, or
any narcotic, the principal ingredient of which is opium or any
narcotic substance or preparation derived in any part from and
containing as principal ingredient any opium, morphine, cocaine,
(hydrate of chloral, isonipecaine, amidone, isosmidone,
jketo-bemidone, or any other substance neither chemically nor
physically distinguishable from any one of them, or any narcotic,
to any person or persons, except to a physician, surgeon or
dentist, for use in his profession or calling, or upon the written
prescription of a physician, surgeon or other person licensed to
issue such prescription; and unless he shall keep in a suitable
and well -bound book, kept and used for that purpose only, a true
and consecutive memorandum record of every such sale, gift,
`exchange, barter or disposition, showing the time when, the place
where, the name of the proprietor or other person by whom, and the
name of the person to whom, the same was made, and the quantity
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and kind of narcotic, and the name of the physician or surgeon
]upon whose prescription the same was made, if made upon a
(prescription, and the number of the prescription; and unless he
shall place and keep on file all such prescriptions consecutively
numbered. Such book and prescription shall be a public record anc
shall be open at all reasonable times to the inspection of the
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Mayor, the Director of Health and any accredited officer of the
IDepartment of Health and Sanitation, the Chief of Police or any
]officer, the City Attorney, and any persons specially authorized
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by the Mayor; and it shall be unlawful for any such apothecary,
pharmacist, druggist or other person to fail or refuse to exhibit
such book and prescriptions to any of the above named officers
upon demand.
9.12.16. PRESCRIBING NARCOTIC - QUANTITY LIMITED. It
shall be unlawful to prescribe opium, morphine, cocaine, hydrate
of chloral, isonipecaine, amidone, isosmidone, keto-bemidone, or
any other substance neither chemically nor physically
distinguishable from any one of them, or any opiate or narcotic
drug or derivative thereof, in such a manner as to leave the
quantity of the dose or the frequency of the taking of any dose t<
the discretion of the person to whom such prescription is issued;
and it shall be unlawful for any person dispensing any such
narcotic or narcotic drug to furnish the same upon any such
prescription.
9.12.20. SALE POSSESSION OR USE OF DANGEROUS DRUGS
DEFINITIONS AND REQUIREMENTS.
A. It is unlawful to sell, offer to sell purchase
offer to purchase give away, barter, exchange, distribute,
possess or use any dangerous drug except as now or hereafter
authorized or permitted by the laws of the State of Washington,
except upon the written or oral order or prescription of a
physician, surgeon, dentist, or veterinary surgeon, licensed to
practice in the state, which order or prescription shall not be
refilled without the written or oral order of the prescriber.
B. The term "dangerous drug" for the purpose of this
Chapter shall mean and include ( (ark-ef-bhe-fe�feWr�g-drttge-)
in Schedule I. II III or IV of Title 69.50 RCW as it now exists
((�- Aatytet�,--�t�m�ntt�,--verena�--barb�ta�--ee�d
d#eth�r�berb�tt�r�e;-er-ar�y-sn��s;-der��*et�vee;-er-eex�peund'
'thereof;-er-anr-preparetfte�-e�-eempennd-eentn�r�rg-enr-of-st�ek
attbsbetneee; -er-the#r-aet�ts;-der�vett�*es,--er-ee�epennde;-er-nr►r
regisbered;-trade�nerked;-er-eepYrtghbed-preperetten-er-ee�npettnd
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registered-tn-the-i3ntted-8tetes-patent-eff�ee-cents#Hing-mere-than
enc-gran-te-the-eve�rdupeis-er-fluid-eunee-ef-such-substeneest
97 Amphetemine;-dextreamphetamine;-d#methyltryptamine;
lysergic-acid;-ps�leeln;-mer�3uana-{eanabis-aattva};-m�seal#ne;
peyete--er-any-salts--derivatives;-er-eempeunds-thereof;-er-any
� preparat�en-er-compound-eentn#n#ng-eny-ef-the-forego#ng
aubstanees;-er-their-salts;-der�vat#ves;-er-compounds;-er-eny
'registered;-tredemar3ced;-er-copyrighted-preperat�en-er-compound
I!reg#stored-fn-the-Hn�ted-8tatea-patent-eff�ee-eenta�n�ng-such
substaneest
37 Any-drug-found-by-federal-lax-er-regulation-or
Wash�ngten-State-bax-er-pharmacy-beard-regulet#en-er-have-e
petent�el-ler-abuse-beeeuae-of-sta-depressant-er-stimulant-effect
en-the-central-nervous-system-er-because-ef-its-hallue�negen�e
effect;-er-xh�eh-#a-required-by-any-eppl�eable-federal-lax-er
regulat�en-er-Waskingten-6tate-i�ex-er-pharmeey-beard-regulatten-tc
be-used-only-en-preaer�pt�en-ef-e-phys�e�en;-surgeon--dentist;-er
veterinary-surgeon-l�eensed-te-practice-gin-the-state.-)}
9.12.24. UNLAWFUL TO POSSESS WITHOUT PRESCRIPTION. It is
unlawful to possess any drug mentioned in Sections 9.12.08 and
9.12.20 hereof purchased or acquired pursuant to an order or
prescription except in the container in which so purchased or
acquired.
9.12.28. UNLAWFUL TO POSSESS UNLESS SPECIFICALLY
PRESCRIBED FOR PERSON IN POSSESSION. It is unlawful to possess
any drug mentioned in Sections 9.12.08 and 9.12.20 unless the
possessor of same be licensed to have the same in his possession,
or be the party for whom the drug in question has been
specifically prescribed by a physician or other person licensed by
law to dispense the same, or be the duly authorized representative{
of the party for whom the drug has been prescribed.
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9.12.32. UNLAWFUL TO ADMINISTER EXCEPT AS PRESCRIBED. It
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is unlawful to use or administer any drug mentioned in Sections
9.12.08 and 9.12.20 hereof except in the amount, for the purposes,]
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and as prescribed by the order of prescription pursuant to which
the same was acquired.
9.12.36. UNLAWFUL TO BE UNDER INFLUENCE IN PUBLIC PLACE.
It is unlawful to be under the influence of any drug within the
purview of this Chapter in any private premises or house to the
annoyance of any individual or in a public place, in a vehicle in
or on a public place, or in a place open to the public view or to!
which the public has access. An individual is "under the
influence" of a drug for the purpose of this section when any of
this normal faculties are substantially affected or impaired as a
result of the use of such drug.
9.12.40. PROSECUTION FOR VIOLATION - ALLEGING OFFENSE. I
any prosecution for violation of this Chapter it shall not be
necessary to negate any exception, proviso or exemption contained
in such Chapter and the burden of proof of such exception, provis
or exemption shall be upon the defendant.
9.12.44. UNLAWFUL POSSESSION OF INJECTION DEVICES. It
shall be unlawful for any person to possess any hypodermic needle,
syringe, or similar device which may be adapted or used for
injecting drugs or other substances by subcutaneous or
intracutaneous injection into the body, unless such possession be
authorized for medical or physical treatment by a licensed medical
doctor or osteopathic physician; PROVIDED, however, that the
provisions contained in this Section shall not apply to
manufacturers, jobbers, licensed medical technicians, hospitals,
nursing homes, technologists, nurses, laboratories, research
teaching institutes, medical doctors, osteopathic physicians,
dentists, veterinarians, pharmacists, embalmers, drug stores and
drug distributors selling or using such devices in the ordinary
and legal course of their respective business, trades or
professions.
9.12.48. POSSESSION AS PRIMA FACIE EVIDENCE OF VIOLATION.
In any prosecution under this Chapter it shall be competent to
prove that any person has in his possession any of the narcotics
or narcotic drugs named herein, or their derivatives, and/or any
drug mentioned in Sections 9.12.08 and 9.12.20, or possession and
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the proof thereof shall be prima facie evidence that said narcotic
or dangerous drug was so held in violation of the terms of this
Chapter; except under circumstances where the substance in
question was prescribed by a physician or doctor or other license
person for the party who has the same in his or her possession an
such substance is in the container in which it was purchased or
acquired, or the party in possession is the duly authorized
representative of the person for whom the substance was prescribed.
9.12.52. UNLAWFUL TO AID OR ABET Fu NISHING CERTAIN DRUGS
TO PERSONS IN JAIL OR CUSTODY OF POLICE. It is unlawful for any
person not acting under the direction of the Director of Public
Health to furnish, or aid or abet the furnishing or, any opium,
morphine, cocaine, hydrate of chloral, isonipecaine, amidone,
isosmidone, keto-bemidone, or any substance neither chemically nor
physically distinguishable from any one of them, or any opiate or
narcotic, or narcotic derivative thereof, or any of the "dangerous
drugs" mentioned in Section 9.12.20 to any person confined in the
City Jail or in the custody of the Police Department, unless the
substance in question be lawfully prescribed for said person by a
doctor or physician and is given to such person under the
direction of that person's physician or doctor.
9.12.56. PLACES OF RESORT FOR USERS OF NARCOTICS AND/OR
DANGEROUS DRUGS DECLARED NUISANCE. It shall be unlawful for any
person, firm, corporation or agent, holding, leasing, renting,
occupying or having charge and control of, any building, structure
or premises, or room or rooms therein, to permit the same to be
used as a place of resort for persons known to be users of
narcotics, narcotic drugs, or dangerous drugs (mentioned in
Sections 9.12.08 and 9.12.20); or to permit therein the unlawful
sale, gift or distribution of narcotics, narcotic drugs, or
dangerous drugs (mentioned in Sections 9.12.08 and 9.12.20) and
Many such place, or any place which is a resort for users of
narcotics, narcotic drugs, or dangerous drugs (mentioned in
!Sections 9.12.08 and 9.12.20), is hereby declared to be a public
iInuisance, and may be abated as such in the manner provided by thi!
Chapter.
9.12.60. AR]►TFMFNT OF PLACES OF RESORT. Any building,
structure, premises, or room or rooms therein, constituting a
nuisance as defined in this Chapter, may be abated in a civil
action in the manner provided by law; or the court upon final
judgment of conviction for violation of this Chapter of any perso
found therein at the time of his arrest may forthwith, and as a
part of the same proceeding, direct the Chief of Police to abate
any such place as a nuisance; or the Chief of Police, upon
ascertaining that any such place is a nuisance as defined by this
Chapter, may proceed to summarily abate the same. Such abatement
shall be effected by closing and securely locking the place abated
and excluding all persons therefrom. It shall be unlawful for any
owner, agent, lessee, tenant, person in charge or occupant, to
enter, use or occupy any building, structure or premises, or room
or rooms therein, abated as a nuisance under the provisions of
this Chapter, from and for a period of one year after the date of
such abatement, unless he as principal shall therefor give and
file with the City Clerk a good and sufficient surety bond, to be
approved by the court making the order of abatement, or in case of
summary abatement to be approved by the Chief of Police, in the
penal sum of one thousand (1000) dollars, payable to the City of
Kent, conditioned that such building, structure or premises, or
room or rooms therein, will not thereafter be used in violation of
this Chapter; and that he will pay all fines, cost and damages
assessed against him for any violation of this chapter; and in
(case of the violation of any of the conditions of such bond the
,whole amount may be recovered as a penalty for the use of the City
9.12.64. UNLAWFUL TO FREQUENT OR BE IN PLACE WHERE
NARCOTICS AND/OR DANGEROUS DRUGS ARE UNLAWFULLY KEPT, USED OR
DISPOSED OF. It is unlawful for anyone, not lawfully authorized
to frequent, enter, be in, or be found in, any place where
narcotics, narcotic drugs, their derivatives, or dangerous drugs
(mentioned in Sections 9.12.08 and 9.12.20) are unlawfully used,
kept or disposed of.
9.12.68. PENALTY FOR VIOLATIONS. Any person, firm or
corporation who shall violate or fail to comply with any of the
provisions of this Chapter shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punished by a
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fine of not less than two hundred fifty ($250) dollars for a firs
offense, and a mandatory, not suspendable, jail term of not less
than twenty-four consecutive hours. On a second or subsequent
conviction, the fine shall not be less than five hundred ($500)
dollars. These fines shall be in addition to any other fine or
penalty imposed. The fine and jail term shall not exceed ninety
(90) days or one thousand ($1,000) dollars.
Section 2 Effective Date.
effect and be in force thirty (30)
passage as provided by law.
ATTEST:
MARIE JEN , CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
This ordinance shall take
days from the time of its fina
KELLEHER, MAYOR
PASSED the % day of , 1990.
APPROVED the _day of ` , 1990.
PUBLISHED the ` day of
1990.
I hereby certify that this is a true copy of Ordinanc
No. passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as here
indicated.
( SEAL)
MARIE JENAW, CITY dIXRK
8540-300
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