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Home My WebLink AboutOrd 1808 - Drug Free Zones and Possession of Drug Paraphernalia or MarijuanaCity of Tukwila Washington Cover page to Ordinance 1808 The full text of the ordinance follows this cover page. AN ORD ANCE OF THE CITY COUNCIL OF TUKWILA, WASHINGTON, AMEND- ING ORDINANCE #1621 §1, AS CODIFIED AT 8.07.840 OF THE TUKWILA MU- NICIPAL CODE, RELATING TO DRUG FREE ZONES AND POSSESSION OF DRUG PARAPHERNALIA OR MA " I'' UANA IN OR ON PUBLIC PLACES OR. FACILITIES;. ADDING TUKWILA POND PARK, LIBRARIES, THE NEW COMMUNITY CENTER AND COMMUNITY CENTER PARK; PROVIDING FOR SEVERABILITY, AND ESTAB- LISHING' AN EFFECTIVE DATE.. Ordinance 1808 was amended or repealed by the following ordinances. ion(s) Amended 1 vended by Ord # 2369 ion(s) Repealed Repealed by Ord 1 2710 J,�NIILA... q p�; 1908 Tu kwfla C ity o Washington Ordinance No. 9 0 9 AN ORDINANCE OF THE CITY COUNCIL OF TUKWILA, WASHINGTON, AMEND- ING ORDINANCE #1621 §1, AS CODIFIED AT 8.07.040 OF THE TUKWILA MU- NICIPAL CODE, RELATING TO DRUG FREE ZONES AND POSSESSION OF DRUG PARAPHERNALIA OR MARIJUANA IN OR ON PUBLIC PLACES OR FACILITIES; ADDING TUKWILA POND PARK, LIBRARIES, THE NEW COMMUNITY CENTER AND COMMUNITY CENTER PARK; PROVIDING FOR SEVERABILITY; AND ESTAB- LISHING AN EFFECTIVE DATE. WHEREAS, in 1992 the City Council passed Ordinance 1621 which set increased penalties for using or possessing drugs or drug paraphernalia; and WHEREAS, since that time the City has built a new community center, and plans to change the old community center into a park; and WHEREAS, Tukwila Pond is a City park, and also needs to be added to the list of places where drug use is actively discouraged; and WHEREAS, drug users and purveyors should also be deterred from using public libraries as venues for drug activity; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance #1621 §1, as codified at TMC 8.07.040, is hereby amended to read as fol- lows: 8.07.040 Drug free zones Enhanced penalties. (a) Any person who, in the drug free zones described in this section, 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 1,000 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 1,000 feet of the school, or in a public park. (c) It is not a defense to a prosecution for a violation of this section that persons under the age of 18 were not present in the school, the public park, or at the time of the offense, or that school was not in ses- sion. (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 18 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 de- liver 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 con- strued 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. DRUGPARK.DOC 712197 1 (e) In a prosecution under this section, a map produced or reproduced by any school district or the City of Tukwila for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the perimeter 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 bound- aries 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 other- wise 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 oper- ated as a park by the State or local government. (3) "Community center" means the City of Tukwila Community Center located at 12424 42nd Avenue South. (4) "Library" means a free public library supported in whole or in part with money derived from taxation. (g) As described in this section, the following areas are designated as drug free zones, subject to the provisions of this section: (1) A B C D E (2) A B C D E F G H I K L M N O P a R S Schools (includes 1,000 -foot buffer zone): Foster High School Showalter Middle School Tukwila Elementary Cascade View Elementary Thorndyke Elementary Parks: Duwamish Park Pea Patch Riverton Park 57th Avenue Park Hazelnut Park Fort Dent Park Tukwila Park Ikawa Park Bicentennial Park J Duwamish /Green River Trail Interurban Trail Crestview Park Crystal Springs Park Joseph Foster Memorial Park Southgate Park Community Center Park Old Southgate School Park Tukwila Pond Park Designated park trails (3) Community Centers: A 1 Tukwila Community Center (4) Libraries: IA 1 Tukwila Library 1B 1 Foster Library 1 4242 S. 144th 1 4628 S. 144th St. 1 5939 S. 149th St. 113601 32nd Ave. S. 1 4415 S. 150th St. 42nd Ave. S. /S. 116th St. Codiga Farm, or as designated by City. 45th Ave. S. /S. 133rd St. 57th Ave. S. /S. 133rd St. 59th Ave. S. /S. 147th St. Southcenter Blvd./ Interurban Ave. S. 65th Ave. S. /S. 153rd St. 6200 Southcenter Blvd. Christensen Rd. /Strander Blvd. Part of valley river trail system along shores of the Duwamish /Green River S. 180th to north City limits 42nd Ave. S. /S. 162nd St. 51st Ave. S. /S. 158th St. 53rd Ave. S. /S. 137th St. 40th Ave. S. /S. 133rd St. 42nd Ave. S. /S. 124th 41st Ave. S. /S. 131st St. S. 168th /Strander Blvd. 112424 42nd Ave. S. 114475 59th Ave. S. 14060 S. 144th Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordi- nance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre emption shall not affect the validity of the remaining portions of this ordinance or its applica- tion to other persons or circumstances. DRLIGPARK.DOC 7/8/97 2 Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after passage and publication as provided by law. PASSED BY IHE CITY COUNC OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 7 m day of 1997. ATTEST /AUTHENTICATED: e E. Cantu, City Clerk APPROVED AS TO 9RM: By Office of the City Otorney FILED WITH THE CITY CLERK: 7- ,Z 7 PASSED BY THE CITY COUNCIL: 7- 7 7 7 PUBLISHED: 7- 9 7 EFFECTIVE DATE: 7_ 7 7 ORDINANCE NO.: &'Qg /It) lagt W. Rants, Mayor DRUGPARK.DOC 7/2/97 3 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. ag 0 g AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE #1621 §1, AS CODIFIED AT 8.07.040 OF THE TUKWILA MUNICIPAL CODE, RELATING TO DRUG FREE ZONES AND POSSESSION OF DRUG PARAPHERNALIA OR MARIJUANA IN OR ON PUBLIC PLACES OR FACILITIES; ADDING TUKWILA POND PARK, LIBRARIES, THE NEW COMMUNITY CENTER AND COMMUNITY CENTER PARK; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. On 7, /9 fl 7 the City Council of the City of Tukwila passed Ordinance No. /80g aiding new Drug -Free Zones in the City and amending Ordinance #1621 §1; 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 of 4 /”7 Published Seattle Times: 7 /f/ 7 f Ja. Cantu, City Clerk