HomeMy WebLinkAbout4442ORDINANCE NO. 4442
AN ORDINANCE of the City Council of the
City of Kent, Washington: (1) amending section
9.12.20 of the Kent City Code to make it illegal to
use dangerous drugs in a public place; (2) to revise
a number of other sections in Chapter 9.12 of the
Kent City Code to make them consistent with state
law and to incorporate revisions required by State v.
Blake; and (3) to repeal Kent City Code sections
9.12.04, 9.12,08, 9.12.12, 9.12.16, 9.12.24,
9.12.28, 9.12.32, 9.12.36, 9.12.40, and 9.12.48,
which prohibit conduct regulated under other laws
and are therefore no longer necessary.
RECITALS
A. In State v. Blake, 197 W.2d 170 (2021), the Washington State
Supreme Court found former RCW 69.50.4013, which made it a strict liability
offense to possess a controlled substance in violation of the Uniform
Controlled Substances Act, unconstitutional because the statute did not
require proof that the offender knowingly possessed a controlled substance.
Without proof of knowledge, the Court held the statute violated
constitutional due process. In response, the state legislature adopted RCW
69.50.4013 during its 2021 legislative session, which provided a temporary
correction to the law to make it unlawful for a person to knowingly possess
a controlled substance. However, through this same legislation, the
legislature enacted RCW 10.31.115, which prohibits law enforcement from
arresting or citing someone for unlawful possession of a controlled substance
1 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
until the offender has twice before been "diverted" to voluntary social
services.
B. The limitation imposed by RCW 10.31.115 has resulted in
offenders openly using and possessing illegal drugs in public places, while
simultaneously removing law enforcement's ability to effectively remove the
problem, all to the detriment of community members who face an increased
risk of harm attributable to the adverse impacts associated with the use of
illicit drugs in public.
C. While the use of cannabis and alcohol, both legal substances,
is prohibited in public, there is no comparable state law that prohibits the
use of illegal or controlled substances, like methamphetamine, heroin, and
fentanyl, in public. On August 4, 2022, a two-year old child was injured at a
Tacoma park when he picked up and ingested a fentanyl pill that had been
left in the dirt at the park.
D. Although state law does preempt the field of setting penalties
for violations of the state's Uniform Controlled Substances Act, Ch. 69.50
RCW, cities are authorized to enact local laws that are not inconsistent with
that state law. Because the Uniform Controlled Substances Act does not
expressly permit or otherwise protect the public use of controlled
substances, the City is authorized to regulate or prohibit that use. Currently,
the City regulates the use of controlled substances through a broad
ordinance codified at KCC 9.12.20, which was originally adopted in 1972
through Ordinance No. 1787. Portions of that prior ordinance do include
conduct regulated by the Uniform Controlled Substances Act and it is
appropriate to revise those provisions to ensure they are consistent with
state law. Additionally, this ordinance revises the use prohibition to narrow
its scope to directly address use of controlled substances in a public place or
in view of the general public, or the deposit of controlled substances on the
2 Amend Ch. 9.12 KCC
Re; Narcotics and Barbiturates
ground or in any body of water. Finally, the ordinance repeals sections within
Ch. 9.12 of the Kent City Code which are no longer necessary as the conduct
prohibited therein is regulated under other state and local laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 9.12.20. Section 9.12.20 of the
Kent City Code entitled "Sale, possession or use of dangerous drugs", is
amended as follows:
Sec. 9.12.20. Use of dangerous drugs in
public.
A. It is unlawful for any person to intentionally use any dangerous drug
in a public place
l except as
now or hereafter authorized or expressly permitted by the laws of the state
or except upon the written or oral order or prescription of a physician,
surgeon, dentist, or other medical veter+nFy-professional suf ee , licensed
to practice in the state and legally authorized to prescribe controlled
substances,
B. Definitions For purposes of this section, the following terms or words
shall be interpreted as follows:
1. The terng "dDangerous drug"
shall means any controlled
substance classified in Schedule I, II, III or IV of Chapter 69.50 RCW;
3 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
excluding cannabis, as it now exists or shall hereafter be added to, deleted
from, modified, or amended.
2 "Public place" means an area generally visible to public view
and includes without limitation any place where the public has a right of
access which includes without limitation sidewalks, parking lots and parking
_garages streets, alleys highways or roads; public buildings and grounds,
including schools parks playgrounds and meeting halls• establishments to
which the public is invited including restaurants theaters stores, gas
stations meeting halls, lobbies halls and dining rooms of hotels, bars,
taverns,dubs or establishments where beer or soft drinks may be sold, and
their associated parking lots parking structures walkways doorways, and
entrances; railroad trains light rail facilities, buses and other public
conveyances of all kinds and character, and their associated stations and
platforms used in conjunction therewith which are open to unrestricted use
and access by the public• and all other places of like or similar nature.
3 "Use" means any effort taken in furtherance of an attempt to
inject ingest, inhale or otherwise introduce a controlled substance into the
human body.
SECTION 2. - Amendment - New KCC 9.12.22. Chapter 9.02 of the
Kent City Code related to narcotics and barbiturates is amended by enacting
a new section, Section 9.12.22 of the Kent City Code entitled "Unlawful
deposit of dangerous drugs and drug paraphernalia", as follows:
Sec. 9.12.22. Unlawful deposit of dangerous drugs and drug
paraphernalia. It shall be unlawful for any person to knowingly dump,
throw, deposit, or discharge onto the ground or into any body of water any
dangerous drug, as that term is defined in KCC 9.12.20(B)(1), or drug
paraphernalia, as defined in RCW 69.50.102, as those referenced provisions
are currently enacted or hereafter amended or recodified.
4 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
SECTION 3. - Amendment - New KCC 9.12.52. Section 9.12.52 of
the Kent City Code entitled "Unlawful to aid or abet furnishing certain drugs
to persons in jail or custody of police", is amended as follows:
Sec. 9.12.52. Unlawful to aid or abet furnishing 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 knowingly
furnish or aid or abet the furnishing of any opium, morphine, cocaine,
hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bemidone or
any substance neither chemically nor physically distinguishable from any
one (1) of them or any opiate or narcotic, or narcotic derivative thereof or
any of the "dangerous drugs" mentioned in KCC 9.12.20 to any person
confined in the city jail or in the custody of the police department, unless
the substance in question is lawfully prescribed for the person by a doctor
or physician and is given to such person under the direction of that person's
physician or doctor.
SECTION 4. - Amendment - KCC 9.12.56. Section 9.12.56 of the
Kent City Code entitled "Places of resort for users of narcotics and/or
dangerous drugs declared nuisance", is amended as follows:
Sec. 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 knowingly permit the same to be used as a place of resort4ef
mentioned in KGG 9.12.08 d 942.29 „r to p n9it thereon for the unlawful
sale, gift, use, or distribution of narcotics, narcotic drugs or dangerous drugs
mentioned in KCC 9.12.08 and 9.12.20, and any such place eF any p+aee
5 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
- -- - -
hereby declared to be a public
nuisance and may be abated as such in the manner provided by this chapter.
SECTION 5. - Amendment - KCC 9.12,64. Section 9.12.64 of the
Kent City Code entitled "Sale, possession or use of dangerous drugs", is
amended as follows:
Sec. 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 they know to be a location where
narcotics, narcotic drugs, their derivatives, or dangerous drugs mentioned
in KCC 9.12.08 and 9.12.20 are unlawfully used, kept, or disposed of.
SECTION 6. - Amendment - KCC 9.12.68. Section 9.12.68 of the
Kent City Code entitled "Sale, possession or use of dangerous drugs", is
amended as follows:
Sec. 9.12.68. Penalty for violations. Unless another section
twentyexpressly provides otherwise, any person who violates any provision of this
- -- I :I
a fine ef net less than twe hui9dFed fifty dellars ($259). en a seeend
6 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
- -- -- ---
O
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: - ----
- - - -- - - - :. - -
OLWELEA
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Sec. 9.12.75. Drug -traffic loitering.
A. As used in this section:
1. Conviction means an adjudication of guilt pursuant to RCW Title
10 or 13, or the equivalent provisions of 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.
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 his or her physician to use such items.
3. Illegal drug activity means unlawful conduct contrary to any
provision of Chapter 69.41, 69.50 or 69.52 RCW, 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 convicted within the last two (2)
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,
7 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
including those which serve food or drink, or provide entertainment, and the
doorways and entrances to buildings or dwellings and the grounds enclosing
them.
6 Use means any effort taken in furtherance of an attempt to
inject ingest inhale, or otherwise introduce a controlled substance into the
human body.
B. A person is guilty of drug -traffic loitering if he or she remains in a
public place and intentionally solicits, induces, entices, or procures another
to engage in unlawful conduct contrary to Chapter 69.50, 69.41 or 69.52
RCW.
C. The following non-exclusive list of circumstances do not by
themselves constitute the crime of drug -traffic loitering, but they may be
relevant in evaluating the criminal intent required by subsection (B):errg
1. Is seen by the officer to be in possession of drug paraphernalia
under circumstances that evince an intent to use a controlled substance
other than cannabis; 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 has remained in a public place and has
g Amend Ch. 9.12 KCC
Re; Narcotics and Barbiturates
intentionally solicited, induced, enticed or procured another to engage in
unlawful conduct contrary to Chapter 69.50, 69.41, or 69.52 RCW.
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) or term
of imprisonment of not more than 364 days-&�, or both.
SECTIONS. - Repealer - Various Sections in Ch. 9.12 KCC. Chapter
9.02 of the Kent City Code related to narcotics and barbiturates is amended
to repeal the following sections in their entirely:
Sec.9.12.04.
Unlawful to use or be under influence of
narcotics - Exception.
Sec. 9.12.08.
Unlawful to possess narcotics without proper
license or prescription.
Sec. 9.12.12.
Unlawful to sell or give away narcotics without
prescription.
Sec. 9.12.16.
Prescribing narcotics.
Sec. 9.12.24.
Unlawful to possess without prescription.
Sec.9.12.28.
Unlawful to possess unless specifically
prescribed for person in possession.
Sec. 9.12.32.
Unlawful to administer except as prescribed.
Sec. 9.12.36. Unlawful to be under influence in public place.
Sec. 9.12.40. Prosecution for violation.
Sec.9.12.48. Possession as prima facie evidence of
violation.
SECTION 9. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
9 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 10. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 11. - Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage as provided by law.
September 6, 2022
Date Approved
ATTEST:
�& a - " September 6, 2022
KIMBERLEY A OMOTO, CITY K Date Adopted
L � raj:» � • •
TAMklY`%/HITE, CITY ATTORNEY
ty�y` eebe4k.,J°r
September 9, 2022
Date Published
10 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
STATE. OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the 1?nglish language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KEN962115
was published on September 9, 2022
The full amount of the fee charged for said foregoing publication is the
sum of $20 .34
Rudi Alcott
Vice President, Advertising
Subscribed and sworn to me this 9th day of September, 2022 .
j
iferTribbett, otary Public for the State of Washington, Residing in
ting, Washington
,fy/piNllttll///
,��,,•�`N�FER D Tit'''%,��
s
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE CITY
COUNCIL
The following are sum-
maries of ordinances
passed by the Kent City
Council or, September 6.
2022.
ORDINANCE NO. 4439
- AN ORDINANCE of the
City Council of the City
of Kent. Washington. ap-
proving the consolidating
budget adjustments
made beCy,,een April 1.
2022 and June 30. 2022,
reflecting an overall bud-
get Increase of
S16.463.769 This ordi-
nance shall take effect
and be in force five days
after publication. as pro-
vided by law.
ORDINANCE NO. 4440
- AN ORDINANCE of
the City Council of the
City of Kent. Washing-
ton addressing graffiti -
related crimes by
amending Kent City
Code section 9.02.660
related to the unla.vful
possession of graffiti
tools to ncorporate
housekeeping revisions.
and adopting new Kent
City Code Sections
9.02.662 and 9.02.664.
limiting the sale of aero
sol paint containers to
persons over the age of
18 years. requiring busi-
nesses to restrict public
access to aerosol paint
containers. and requiting
businesses to post signs
informing customers of
the age requirement to
purchase aerosol paint
containers. This ordi-
nance shall take effect
and be in force 30 days
from and after its pas-
sage as provided by lays.
ORDINANCE NO. 4441
- AN ORDINANCE of
Proofed by Jennifer Tribbett, 08/30/2022 10:20:27 pm Page: 2
Classified Proof
the City Council of the
Citv of Kent. Washing-
ton.. amending Chapter
9.02 of the Kent City
Code to add a new Sec-
tion 9.02 645. entitled
"solicitation of occu-
pants of vehicles on
public roadways'. mak-
ing it unlawful for any
person to enter or re-
main on an arterial road-
way or a median with the
intent to conduct a solici-
tation of the occupant of
any vehicle traveling on
or stopped on the arteri-
al roadway. This ordi-
nance shall take effect
and be in force 30 days
from and after its pas-
sage as provided by lay✓
ORDINANCE NO.
4442- AN ORDINANCE
Of the Citv Council of the
City of Kent. Washing-
ton. (1) amending sec-
tion 9.12.20 of the Kent
City Code to make it Ile -
gal to use dangerous
drugs in a public place,
(2) to revise a number of
other sections in Chap-
ter 9 12 of the Kent Citv
Code to make them con-
sistent with state law
and to incorporate revi-
sions required by State
v Blake- and l31 to re-
peal Kent City Code sec
bons 9.12.04. 9.12.08.
9 12 12. 9 12.16.
9.12,24. 9.12.28.
9,12.32. 9.12.36,
9.12.40. and 9,12.48.
which prohibit conduct
regulated under other
laws and are therefore
no longer necessar}'.
This ordinance shall take
effect and be in force 30
clays from and after it,
passage as provided by
law.
A copy of the complete
text of anv ordinance will
be made[ upon request
of the City Clerk.
Kimberiev A. Komoto.
City Clerk
f<komoto a KentWAgov.
253-856-5725
9962115
9/9 21,
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