HomeMy WebLinkAboutO-1284 - Adds subsections (10) – (12) to Sec. 6.28.010 and adds Sec. 6.28.060 and 6.28.070; repeals and adds Sec. 6.28.030 – 6.28.050; renumbers Sec. 6.28.060 to be Sec. 6.28.080, drug paraphernalia (Repealed by 1993)./'.
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.J;J itl
j
AN ORDINANCE OF THE CITY OF MARYSVILLE PROHIBITING
THE SALE AND POSSESSION OF DRUG PARAPHERNALIA,AMEND-
ING SECTION 6.28.010 AND REPEALING SECTIONS 6.28.030,
6.28.040 AND 6.28.050 OF THE MARYSVILLE MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO
ORDAIN AS FOLLOWS:
Section 1.Sections 6.28.030,6.28.040 and 6.28.050 of
the Marysville Municipal Code are hereby REPEALED,the sa~me being
superseded by the following provisions of this ordiance.
Section 2.Section 6.28.010 of the Marysville Municipal
Code is hereby amended by adding the following additional subsec-
tions thereto:
(10)Blenders,bowls,containers,spoons and mixing
devices used,intended for use,or designated
for use in compounding controlled substances;
(11)Capsules,balloons,envelopes and other containers
used,intended for use,or designed for use in
packaging small quantities of controlled substances;
(12)Containers and other objects used,intended for use,
or designed for'use in storing or concealing con-
trolled substances.
Section 3.The following new sections of Chapter 6.28 of
the Marysville Municipal Code are hereby enacted:
6.28.030 Possession of Drug Paraphernalia.It is unlawful
for any person to use,or to possess with intent to use,any item
of drug paraphernalia to plant,propagate,cultivate,grow,harvest,
manufacture,compound,convert,produce,process,prepare,test,
analyze,pack,repack,store,contain,conceal,inject,ingest,
inhale,or otherwise introduce into the human body a controlled
substance in violation of this act.
Ordinance - 1
...
6.28.040 Manufacture or Delivery of Drug paraphernalia~
It is unlawful for any person to deliver,possess with intent to
deliver,or manufacture with intent to deliver,any item·of drug
paraphernalia,knowing,or under circumstances where one reason-
ably should know,that it will be used to plant,propagate,culti-
vate,grow,harvest,manufacture,compound,convert,produce,pro-
cess,prepare,test,analyze,pack,repack,store,contain,con-
ceal,inject,ingest,inhale,or otherwise introduce into the
human body a controlled substance in violation of this code.
6.28.050 Advertisement of Drug Paraphernalia.It is
unlawful for any person to place in any newspaper,magazine,
handbill,or other publication any advertisement,or to display
on any poster,reader board or billboard or sign 'of any sort,
knowing,or under circumstances where one reasonably should know,
that the purpose of the advertisement or display,in whole or in
part,is to promote the sale of any object designed or intended
for use as drug paraphernalia.
6.28.060 Nuisance.The distribution or possession for
the purpose of sale,exhibition or display,in any place,public
or private,of any devices,contrivances,instruments,or para-
phern~lia~including all items defined as drug paraphernalia in
Section 6.28.030,which are primarily designed for or intended
to be used for the smoking,ingestion,or consumption of mari-
juana,hashish,PCP,or any controlled substance,other than
prescription drugs,is hereby declared to be a public nuisance
and may be abated by the City of Marysville.
6.28.070 Seizure and Forfeiture.
(1)All drug paraphernalia is subject to seizure and
forfeiture.
(2)Upon showing of probable cause that any property is
subject to seizure or forfeiture,any court of com-
petent jurisdiction may issue a warrant for the'
seizure thereof.Any peace officer having probable
cause to believe that property is subject to seiz-
ure and forfeiture may seize the same provided pro-
ceedings for forfeiture shall be commenced within
a reasonable time and in no case more than five (5)
days after the initial seizure.
(3)Property seized in accord with this section or sub-
ject to forfeiture shall be forfeited by civil pro-
ceedings commenced in the same manner as other
civil actions of a like nature.Property abandoned
or lost for whom the owner cannot be determined shall
be disposed of as is other lost property.
-..
;,.
(4)The property forfeited shall be the sole property
of the City of Marysville.
Section 4.Section 6.28.060 of the Marysville Municipal
Code (Violations --Penalty)is hereby renumbered as Section
6.28.080.
P~SSED by the City Council and APPROVED by the Mayor
this /Ii"day of 1l/21-i!,1983.
THE CITY OF MARYSVILLE
By~~'1,MAYOR
ATTEST:
By~Q.tAd~.~~'17 CITY CLERK
APPROVED AS TO FORM:
Ordinance - 3
·...
AFFIDAVIT OF PUBLICATION
No._
STATE OF WASHINGTON,
County of Snohomish,
ss.
Jill E. Woodworth .f'___________________. .--,being irst duly sworn
.secretaI1lonoathdeposesandsaysthatheISthe,......__.._
of THE MARYSVILLE GLOBE,a weekly newspaper.
That said newspaper is a legal newspaper which has been ap-
proved by order of the Superior Court in Snohomish County
June 18, 1962 in compliance with Chapter 213 of Washington
Laws of 1941,and it is now and has been for more than six
months prior to the date of the publication hereinafter re-
ferred to,published in the English language continually as a
weekly newspaper in Marysville,Snohomish County,Wash-
ington,and it is now and during all of said time was printed
in an office maintained at the aforesaid place of publication
of said newspaper.That the annexed is a true copy of a
Ordinance 1284____________________________--as it was
published in regular issues (and not in supplement form)of
one
said newspaper once each week for a period of ________ con-
secutive weeks,commencing on the __~2~_~_day of _~p~_~~,
19_~2,and ending on the !3J;Ay of __!.J2.~~119 __~2,
both dates inclusive,and that such newspaper was regularly
distributed to its subscribers during all of said period.That
the full amount of the fee charged for the foregoing publi-
tl .th f $96.00 .
:id°':n"fuU
e
sum~~-1--'----'Whl~
Subscribed :~::~;::0~~-:_::dJii:::
day of ~~$::-~~~....
Notary Public in and tor the State ot Washington,
Residing at Marysville.
CITY OF MARYSVILLE
Marysville,Washington-~
4 ORDINANCE NO.1284
AtlORDINANCE OF THE CITY OF MARYSVILLE PROHIBITING THE SALE
AND POSSESSION OF DRUG PARAPHERNALIA,AMENDING SECTION 6.28.010
AND REPEALING SECTIONS 6.28.030,6.28.040 AND 6.28.050 OF THE
MARYSVILLE MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO OR-
DAIN AS FOLLOWS:t·
Section 1. Sections 6.28.030,6.28.040 and 6.28.050 of the Marysville Municipal Code
are hereby REPEALED,the same being superseded by the following provisions of
this ordinance.
Section 2. Section 6.28.010 olthe Marysville Municipal Code Is hereby amended by
adding the following additional subsections thereto:.
(10)Blenders,bowls,containers,spoons and mixing devices used,Intended for
use, or designated for use In compounding controlled substances;
(11) Capsules,balloons,envelopes and other containers used,intended for use,or
designed for use In packaging small quantities of controlled SUbstances;
(12)Containers and other objects used,Intended for use, or designed for use In
storing or concealing controlled substances.
Section 3. The following new sections of Chapter 6.28 of the Marysville Municipal
Code are hereby enacted:
6.28.030 Possession of Drug paraphernalia.It Is unlawfUl for any person fa use,or
to possess with Intent to use, any Item of drug paraphernalia to plant,propagate,
cultivate,grow,harvest,manufacture,compound,convert,prOduce,process,
prepare,test,analyze,pack,repack,store,contain,conceal,Inject,Ingest,Inhale,or
otherwise tntroduce Into the human body a controlted SUbstance In violation of this
act.
6.28.040 Manufacture or Delivery of Drug Paraphernalia.It Is unlawful for any per-
.son to deliver,possess with Intent to deliver,or manufacture with Intent to deliver,
any Item of drug paraphernalia,knowing,or .under circumstances where one
reasonably shOUld know that It will be used to plant,propagate,cultivate,grow,
.harvest,manufacture,compound,convert,produce,process,prepare,test,analyze,
pack,repack,store,contain,conceal,Inject,Ingest,inhale,or otherwise Introduce In-
to the human body.a controlled substance In violation of this code.
6.28.050 Advertisement of Drug Parapherna'ia.It is unlawful for any person to
place In any newspaper,magazine,handblll,or other publication any advertisement,
or to display on any poster,reader board or billboard or sign of any sort,knOwing,or
under circumstances where one reasonably should know,that the purpose of the
advertisement or display,in whole or in part,Is to promote the sale of any object
designed or Intended for u se as drug paraphernalia.
6.28.060 Nuisance.The distribution or possession for the purpose of sale,exhibition
or display,in any place,public or private,of any devices,contrivances,Instruments,
or paraphernalia,Including all Items defined as drug paraphernalia In Section
6.28.030,which are primarily designed for or Intended to be used for the smoking,In-
gestlon,or consumption of marijuana,hashish,PCP, or any controlled substance,
other than prescription drugs,Is hereby declared to be a public nuisance and may be
abated by the City of Marysville..'
6.28.070 Seizure and Forfeiture..,
(1)All drug paraphernalia is subject to seizure and forfeiture.
(2) Upon showing of probable cause that any property Is sublect to seizure or
forfeiture,any court of competent Jurisdiction may issue a warrant for the seizure
thereof.Any peace officer having probable cause to believe that property Is suelect to
seizure and forfeiture may seize the same provided proceedings for forfeiture shall be
commenced within a reasonable time and In no case more than five (5)days after the
Initial seizure.
(3)Property seized In accord with this section or subject ito forfeiture shall be
fO~felted by civil proceedings commenced In the same manner as other civil actions of
a like nature.Property abandoned or lost for whom the owner cannot be determined
shall be disposed of as Is other lost property.
(4)The property forfeited shall be the sole property of the City of Marysville.
Section 4. Section 6.28.060 of the Marysville Municipal Code (Violations-Penalty)
Is hereby renumbered as Section 6.28.080..
PASSED by the City Council and APPROVED by the Mayor this 11th day of April,
1983..
THE CITY OF MARYSVILLE·
By s/Darryl Brennick
Mayor
A"est:By Mary Callahan Deputy City Clerk
Approved as to Form:
James H.Allendoerfer City Attorney
Published:April 13,1983