HomeMy WebLinkAboutO-1685 - Repeals and replaces Ch. 6.36, loitering (6.36)-,-(,
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)-~CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.I bB5
AN ORDINANCE OF THE CITY OF MARYSVILLE REPEALING
CHAPTER 6.36 OF THE MARYSVILLE MUNICIPAL CODE RELATING
TO VAGRANCY,AND ENACTING A NEW CHAPTER 6.36 RELATING
TO THE CRIMES OF LOITERING ABOUT SCHOOL BUILDINGS AND
LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED
ACTIVITY.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
section 1.Chapter 6.36 of the Marysville Municipal Code
("Vagrancy"),and section 6.36.010 and all subsections thereof,
are hereby REPEALED for the reason that the same are superseded
by the following provisions of this Ordinance.
section 2.A new Chapter 6.36 is hereby enacted to provide
as follows:
Chapter 6.36
LOITERING
6.36.010 Loitering on or about School Premises.It is
unlawful for any person to loiter about the building or buildings
of any pUblic or private school or institution of higher
learning,or the pUblic premises adjacent thereto,without lawful
purpose,except a person enrolled as a student in such insti-
tution,or the parents or guardians of such student,or persons
employed by such institution.
6.36.020 Loitering for the Purpose of Engaging in Drug-
Related Activity.
(1)It is unlawful for any person to loiter in or near
any thoroughfare,place open to the public,or near any
public or private place in a manner and under circumstances
manifesting a purpose to engage in drug-related activity
contrary to any of the provisions of Chapters 69.41,69.50
or 69.52 of the Revised Code of Washington.
(2)The following circumstances are examples of what
may be considered in determining whether the purposes
referred to in subparagraph (1)above are manifested:
a.Such person is a known unlawful drug user,
possessor or seller.For purposes of this section a
Ordinance - 1
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"known unlawful drug user,possessor or seller"is a
person who has,within the knowledge of the arresting
officer,been convicted in any court within this state
of any violation involving the use,possession or sale
of any of the substances referred to in Chapters 6.41,
6.50 or 6.52 of the Revised Code of Washington,or such
person has been convicted of any violation of any of
the provisions of said Chapters of the Revised Code of
Washington or sUbstantially similar laws of any
political subdivision of this state or any other state;
or a person who displays physical characteristics of
drug intoxication or usage,such as "needle tracks;"or
a person who possesses drug paraphernalia as defined in
Chapter 6.28 of the Marysville Municipal Code;or
b.Such person is currently sUbject to an order
prohibiting his/her presence in a high drug activity
geographic area;or
c.Such person behaves in such a manner as to
raise a reasonable suspicion that he or she is about to
engage in or is then engaged in unlawful drug-related
activity,including by way of example only,such person
acting as a "lookout;"or
d.Such person is physically identified by the
officer as a member of a "gang,"or association which
has as its purpose illegal drug activity;or
e.Such person transfers small objects or
packages for currency in a furtive fashion;or
f.Such person takes flight upon the appearance
of a police officer;or
g.Such person manifestly endeavors to conceal
himself or herself or any object which reasonably could
be involved in an unlawful drug-related activity;or
h.The area involved is by pUblic repute known
to be an area of unlawful drug use and trafficking;or
i.The premises involved are known to have been
reported to law enforcement as a place suspected of
drug activity pursuant to Chapter 69.52 of the Revised
Code of Washington;or
j.Any vehicle involved is registered to a known
unlawful drug user,possessor or seller,or a person
for whom there is an outstanding warrant for a crime
involving drug-related activity.
Ordinance - 2
section 6.36.030 Penalty.Any person violating a prov1s10n
of this Chapter shall be guilty of a misdemeanor and shall be
punished by a fine not to exceed $500 or by imprisonment in jail
for not more than six months or by both such fine and
imprisonment.
PASSED---:i...day of
by the city Council and APPROVED by the Mayor this
~fRll-,1988.
\
CITY OF MARYSVILLE
Attest:
By
Bym~Q.¥L~~'"::th~CITY CLERK
Approved as to Form:
Date of Publication:
Effective Date (5 days after pUblication):
Ordinance - 3