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HomeMy WebLinkAboutOrd 1621 - Drug Free ZonesCity of Tukwila Washington Cover page to Ordinance 1621 The full text of the ordinance follows this cover page. AN ORD ANCE F THE crY COUNCIL OF ' rr OF TU1{'h " LA,, 1A'ASHINGTON, RELATED TO DRUG FREE ZONES POSSESSION OF DRUG PAI!' .PlIER TALLA. OR MARUUANA IN OR ON CERTAIN PUBLIC PLACES OR FACILITIES, ADDING NEW SECTION TO TUKWILA MUNICIPAL CODE CHAPTER 8.07. Ordinance 1621 was amended or repealed by the following ordinances. AMENDED Sections) Amended A vended by Ord # 1 1808 1 2369 REPEALED Sections) Repeale Repealed by Ord # 1 2710 ORDINANCE NO. 1621 JVD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Pd OF TUKWILA, WASHINGTON, RELATED TO DRUG FREE ZONES; POSSESSION OF DRUG PARAPHERNALIA 1 OR MARIJUANA IN OR ON CERTAIN PUBLIC PLACES OR FACILITIES, ADDING A NEW SECTION TO TUKWILA MUNICIPAL CODE CHAPTER 8.07. WHEREAS, drug abuse has an especially devastating effect on youth in our community; and WHEREAS, the mere presence of illegal drugs encourages the use of these illegal drugs; and WHEREAS, to discourage the mere presence of illegal drugs in areas where minors congregate, play and are educated, it is desirable to enhance the potential penalties for possession of marijuana and possession of drug paraphernalia in these areas; and WHEREAS, the City of Tukwila's clear policy is to promote drug -free schools and a drug -free community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: S ection 1: Dr,Ug Fr Zones. E nhanced Penalties A new subsection 8.07.040 is hereby added to the Tukwila Municipal Code to read as follows: 8.07.040 Drug Free Zones. Enhanced Penalties. A. Any person who in the Drug Free Zones described herein violates TMC 8.07.020 or any subsequent amendment thereto, by using or possessing drug paraphernalia, or who delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia, or who violates TMC 8.07.010 or any subsequent amendment thereto, by possessing 40 grams or less of marijuana, and any such violation occurs in or at any school or community center listed in subsection G of this section, or within one thousand feet of the perimeter of any such school or community center grounds, or in any public park listed in subsection G of this section, may be punished by a fine of up to twice the fine or twice the imprisonment authorized by TMC 8.01.050 or any subsequent amendment thereto, or by both such doubled fine and imprisonment. B. It is not a defense to a prosecution. for a violation of this section that the person was unaware that the prohibited conduct took place while in a school, or within one thousand feet of the school, or in a public park. C. It is not a defense to a prosecution for a violation of this section or any other prosecution under this chapter that persons under the age of eighteen were not present in the school, the public park, or at the time of the offense, or that school was not in session. D. It is an affirmative defense 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 years of age or younger was present in such 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 in this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to establish an affirmative defense with respect to a prosecution for any offense defined in any other section of this chapter or in any other law. E. In a prosecution under this section, a map produced or reproduced by any school district or City of Tukwila for the purpose of depicting the location and boundaries of the area on or within one thousand feet of the permiter of any property used for a school or community center, or the location of any park, or a true copy of such a map, shall be admissible and shall constitute prima facie evidence of the location and boundaries of those areas. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. This section shall not be construed as precluding the use or admissibility of any map or diagram if such map or diagram is otherwise admissible. F. As used in this section the following terms have the meanings indicated unless the context clearly requires otherwise: 1. "School" has the meaning under RCW 28A.150.010 or 28A.150.020. The term "school" also includes a private school approved under RCW 28A.195.010; 2. "Public park" means land, including any facilities or improvements on the land, that is operated as a park by the state or local government. 3. "Community Center" means the City of Tukwila Community Center located at 4101 South 131st in Tukwila. G. As described in this section, the following areas are designated as Drug Free Zones, subject to the provisions of this section: 1. Schools (Includes 1000' buffer zone): a. Foster High School 4242 S. 144th b. Showalter Middle School 4628 S. 144th Street c. Tukwila Elementary 5939 S. 149th Street d. Cascade View Elementary 13601 32nd Ave. S. e. Thomdyke Elementary 4415 S. 150th Street f. Riverton Heights Lutheran Church S. 140th 35th S. (So. Central Preschool) 2. Parks: a. Duwamish Park 42nd Ave. S. /S. 116th St. b. Allentown Pea Patch 42nd Ave. S. /S. 124th St. c. Riverton Park 45th Ave. S. /S. 133rd St. d. 57th Avenue Park 57th Ave. S. /S. 133rd St. f. Hazelnut Park 59th Ave. S. /S. 147th St. g. Ft. Dent Park Southcenter Blvd/Interurban Ave. S. h. Tukwila Park 65th Ave. S. /S. 153rd St. i. Ikawa Park 6200 Southcenter Blvd. j. Bicentennial Park Christensen Rd. /Strander Blvd. k. Duwamish/Green River Trail Part of valley river trail system along shores of the Duwamish/Green River 1. Interurban Trail Future trail 1992 S. 180th St. to Southcenter Blvd. m. Crestview Park 42nd Ave. S. /S. 162nd St. n. Crystal Springs Park 51st Ave. S. /S. 158th St. o. Joseph Foster Memorial Park 53rd Ave. S. /S. 137th St. p. Southgate Park 40th Ave. S. /S. 133rd St. q. Designated park trails 3. Community Centers: a. Tukwila Community Center 4101 South 131st Section 2: Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Tukwila hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 3: Effective Date. This ordinance shall take effect and be in full force five (5) days after publication of the attached summary which is hereby approved. PASSED BY THE CITY COUNCIL O. THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this ,7 da of 1992. 1,49,441., f air /John W. Rants Mayor A 1 hST /AUTHENTICATED: 6-q-e- C. 42.- Jane E. Cantu, City Clerk APPROVED AS TO FORM: 4 3//02 OFFICE OF THE 9TY ATTORNEY Filed with the City Clerk: 5- /2 -9-1-, Passed by the City Council: /6 Ordinance No. /J ATTACHMENT A Recommended Sign Placements 1. Schools (Includes 1000' buffer zone): a. Foster High School Pacific Hwy So. (N.B. at 144th 141st), (S.B. b. Showalter Middle School at S. 142nd S. 144th), S.W. corner of H.S., W.B. So. 144th at Admin. Bldg. c. Southgate Community Center Next to driveway into parking area d. Tukwila Elementary Driveway entrance to east parking area e. Cascade View Elementary Entry to parking area f. Thomdyke Elementary On S. 150th just before entry to west parking area g. Riverton Heights Lutheran Church (So. Central Preschool) 2. Parks: a. Duwamish Park Entrance b. Allentown Pea Patch On 42nd Ave. S. in front of Pea Patch c. Riverton Park No d. 57th Avenue Park No e. 56th Avenue Park No f. Hazelnut Park No g. Ft. Dent Park At entrance near bldg. h. Tukwila Park Walk -in entrance near restroom i. Ikawa Park No j. Bicentennial Park Gate entrance k. Duwamish /Green River Trail 1. Interurban Trail S. 180th and entrance at Koll Center m. Crestview Park Driveway entrance n. Crystal Springs Park On street at bottom of hill o. Joseph Foster Memorial Park Parking lot entrance p. Southgate Park Entrance q. Designated park trails No 3. Community Centers: a. Tukwila Community Center 4101 South 131st SUMMARY OF ORDINANCE NO. o2/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATED TO DRUG FREE ZONES; POSSESSION OF DRUG PARAPHERNALIA OR MARIJUANA IN OR ON CERTAIN PUBLIC PLACES OR FACILITIES, ADDING A NEW SECTION TO TUKWILA MUNICIPAL CODE CHAPTER 8.07. On ,;01 No./- the City Council of the City of Tukwila passed Ordinance No./ adding a new c on to the Tukwila Municipal Code Chapter 8.07, establishing drug -free zones to discourage the presence of illegal drugs in areas where minors congregate, and enhancing the potential penalties for possession of marijuana and drug paraphernalia in these areas; providing for severability; and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting o£ /4. /i o c)...9._ e: i„,, (___a, E. Cantu, City Clerk PUBLISHED: VALLEY DAILY NEWS FRIDAY, MARCH 20, 1992 Q.>.