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HomeMy WebLinkAboutO-1993CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.1993 j~~,~. d~9J' I~?~ /~~ AN ORDINANCE OF THE CITY OF MARYSVILLE REQUIRING THE REGISTRATION OF CONVICTED SEX OFFENDERS AND AMENDING VARIOUS PENALTY PROVISIONS OF THE MARYSVILLE MUNICIPAL CODE TO BE CONSISTENT WITH STATE LAW. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Title 6 of the Marysville Municipal Code is hereby amended to include Chapter 6.22 which reads as follows: Chapter 6.22 Registration of Sex Offenders Sections:6.22.010 Registration of Sex Offenders. 6.22.010 Registration of Sex Offenders.A person who knowingly fails to register as required by RCW 9A.44.130,as now or hereafter amended,is guilty of a gross misdemeanor. If the crime for which the individual was convicted was other than a Class A Felony under the laws of this state,or a federal or out-of-state conviction for an offense that under the laws of this state would be a Class A Felony. Section 2.Section 6.03.120 of the Marysville Municipal Code is hereby amended to read as follows: 6.03.120 Classification of Crimes--Penalties.All offenses defined by this title,or by any state statute which is incorporated herein by reference,constitute crimes and are classified as misdemeanors or gross misdemeanors as indicated by state law for the particular offense;provided, that where no express designation is made in state law or this Code,such crimes shall be misdemeanors.Any party convicted of having committed a misdemeanor or gross misdemeanor shall be punished by a fine and/or imprisonment not to exceed the limits set forth for misdemeanors and gross misdemeanors in RCW 9A.20.021(2)and (3). Section 3.Chapter 6.12 of the Marysville Municipal Code is hereby amended to include Section 6.12.030 which reads: 6.12.030 Penalties.Criminal contempt is a gross misdemeanor. ORDINANCE - 1 /mv/register.ord Section 4.Chapter 6.27 of the Marysville Municipal Code is hereby amended to read as follows: Chapter 6.27 Controlled Substances and Drug Paraphernalia Sections:6.27.010 Statutes Incorporated by Reference. 6.27.010 Statutes Incorporated by Referent. following statutes regarding controlled substances paraphernalia are incorporated by reference: The and drug RCW 69.41.010 RCW 69.41.030 RCW 69.41.060 RCW 69.50.101 RCW 69.50.102 RCW 69.50.201 RCW 69.50.202 RCW 69.50.204 RCW 69.50.401(e) RCW 69.50.412 RCW 69.50.425 RCW 69.50.505 Definitions of Legend Drugs Possession of a Legend Drug Unlawful Search and Seizure Definitions Definitions Authority to Control Nomenclature Marijuana Defined as a Controlled Substance Possession of 40 Grams or Less of Marijuana Prohibited Prohibited Acts and Penalties Regarding Drug Paraphernalia Minimum Imprisonment Forfeiture of Controlled Substances and Drug Paraphernalia,and Equipment and Vehicles Associated Therewith Section 5.Chapter 6.28 of the Marysville Municipal Code which reads as follows: Chapter 6.28 Drug Paraphernalia Sections:6.28.010 6.28.020 6.28.030 6.28.040 6.28.050 6.28.060 6.28.070 6.28.080 Definition Identification Possession of Drug Paraphernalia Manufacture or Delivery of Drug Paraphernalia Advertisement of Drug Paraphernalia Nuisance Seizure and Forfeiture Violation--Penalty 6.28.010 Definitions.The term "drug paraphernalia" means all equipment,products and materials of any kind which are used,intended for use,or designed for use in planting,propagating,cultivating,growing,harvesting, ORDINANCE - 2 /mv/register.ord manufacturing,compounding,converting,producing, processing,preparing,testing,analyzing,packaging, repackaging,storing,containing,concealing,injecting, ingesting,inhaling,or otherwise introducing into the human body a controlled substance in violation of RCW Chapter 69.50,the Uniform Controlled Substances Act.It includes, but is not limited to: 1.Kits used,intended for use,or designed for use in planting,propagating,cultivating,growing,or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; 2.Kits used,intended for use,or designed for use in manufacturing,compounding,converting, producing,processing,or preparing controlled substances; 3.Isomerization devices used,intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance; 4.Testing equipment used,intended for use,or designed for use in identifying,or in analyzing the strength,effectiveness or purity of controlled substances; 5.Scales and balances used,intended for use, or designed for use in weighing or measuring controlled substances; 6.Dilutants and adulterants,such as quinine hydrochloride,mannitol,mannite,dextrose and lactose, used,intended for use,or designed for use in cutting controlled substances; 7.Separation gins and sifters used,intended for use,or designed for use in removing twigs and seeds from,or otherwise in cleaning or refining, marijuana; 8.Hypodermic syringes,needles and other objects used,intended for use,or designed for use in parenterally injecting controlled substances into the human body; 9.Objects used,intended for use,or designed for use in ingesting,inhaling,or otherwise introducing marijuana,cocaine,hashish,or hashish oil into the human body,such as: a.Metal,wooden,acrylic,glass,stone, plastic,or ceramic pipes with or without screens, ORDINANCE - 3 Imv/register.ord permanent screens,hashish heads,or punctured metal bowls, b.Water pipes, c.Carburation tubes and devices, d.Smoking and carburation masks, e.Roach clips (meaning objects used to hold burning material,such as a marijuana cigarette,that has become too small or too short to be held in the hand), f . vials, g. h. i. j . k. I . m. Miniature cocaine spoons,and cocaine Chamber pipes, Carburetor pipes, Electric pipes, Air-driven pipes, Chillums, Bongs, Ice pipes or chillers. 10.Blenders,bowls,containers,spoons,and mixing devices used,intended for use,or designed 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. 6.28.020 Identification. object is drug paraphernalia,a should consider,in addition to factors,the following: In determining whether an court or other authority all other logically relevant 1.Statements by an owner or by anyone in control of the object concerning its use; 2.Prior convictions,if any,of an owner of anyone in control of the object,under any state or federal law relating to any controlled substance; ORDINANCE -4 /mv/register.ord 3.The proximity of the object,in time and space,to a direct violation of the Uniform Controlled Substances Act; 4.The proximity of the object to controlled substances; 5.The existence of any residue of controlled substances on the object; 6.Direct or circumstantial evidence of the intent of an owner,or anyone in control of the object, to deliver it to persons who he knows,or should reasonably know,intend to use the object to facilitate a violation of the Uniform Controlled Substances Act; the innocence of an owner,or of anyone in control of the object,as to a direct violation of said Act shall not prevent a finding that the object is intended for use as drug paraphernalia; 7.Instructions,oral or written,provided with the object concerning its use; 8.Descriptive materials accompanying the object which explain or depict its use; 9.National and local advertising concerning its 10.The manner in which the object is displayed for sale; 11.Whether the owner,or anyone in control of the object,is a legitimate supplier of like or related items to the community,such as a licensed distributor or dealer of tobacco products; 12. ratio of business Direct or circumstantial evidence of the sales of the objects to the total sales of enterprise; the 13.The existence and scope of legitimate uses for the object in the community; 14.Expert testimony concerning its use. 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 - 5 /mv/register.ord 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 which 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 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 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, ingestion 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. a.All drug paraphernalia is subject to seizure and forfeiture. b.Upon showing of probable cause that any property is subject 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 subject 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. c.The property seized in accord with this section or subject to forfeiture shall be forfeited 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. ORDINANCE - 6 /mv/register.ord d.The property forfeited shall be the sole property of the City of Marysville. 6.28.080 Violation--Penalty.Any person violating a provision 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 (6)months,or by both such fine and imprisonment. is hereby REPEALED. Section 6.Section 6.30.010 of the Marysville Municipal Code is hereby amended to read as follows: 6.30.010 Statutes Incorporated by Reference.The following statutes relating to public indecency, prostitution,sexual exploitation of children,and other sex crimes,are incorporated by reference: RCW 9A.44.010 RCW 9A.44.096 RCW 9A.44.120 RCW 9A.88.010 RCW 9A.88.030 RCW 9A.88.050 RCW 9A.88.090 RCW 9A.88.110 RCW 9.68A.011 RCW 9.68A.080 RCW 9.68A.090 Definitions for Sexual Offenses Sexual Misconduct With a Minor in the Second Degree Admissibility of Child's Statement Indecent Exposure Prostitution prostitution--Sex of Parties Immaterial--No Defense Permitting Prostitution Patronizing a Prostitute Definitions Processing Depictions of Minors Engaged in Sexually Explicit Conduct Communication With a Minor for Immoral Purposes. Section 7.Section 6.36.030 of the Marysville Municipal Code is hereby amended to read as follows: 6.36.030 Penalty.Any person violating a provision of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for not more than ninety (90)days,or by both such fine and imprisonment. Section 8.Section 6.39.030 of the Marysville Municipal Code is hereby amended to read as follows: 6.39.030 Penalty for Violation.Any person violating a provision of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for not more than ninety (90)days,or by both such fine and imprisonment. ORDINANCE - 7 /mv/register.ord Section 9.Section 6.57.040 of the Marysville Municipal Code is hereby amended to read as follows: 6.57.040 Leaving Children Under Age Seven (7)in a Parked Vehicle. a.No person,while in charge of a motor vehicle,shall park or willfully allow such vehicle to stand upon a highway,road or street,or any place open to the public leaving a child under the age of seven unattended therein,except when another responsible person of at least 12 years of age has immediate control over such child and is physically present in the vehicle. b.Penalty for violation of this section:Any person convicted of a violation of this section shall be guilty of a criminal misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for not more than ninety (90) days,or by both such fine and imprisonment. Section 10.Section 6.58.030 of the Marysville Municipal Code,which reads as follows: 6.58.030 RCW 66.44.27(2)Amended. a.It is unlawful for any person under the age of 21 years to possess,consume,or otherwise acquire any liquor within the City limits. b.It is unlawful for a person under the age of 21 years to be in a public place,or to be in a motor vehicle in a public place within the City limits,while exhibiting the effects of having consumed liquor.For purposes of this subsection,exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either (i)is in possession of or close proximity to a container that has or recently had liquor in it;or (ii)by speech, manner,appearance,behavior,lack of coordination,or otherwise,exhibits that he or she is under the influence of liquor.This subsection (2) (b)does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection 4 or 5 of this section. is hereby REPEALED. Section 11.Section 6.48.010 of the Marysville Municipal Code is hereby amended to read as follows: ORDINANCE - 8 fmv/register.ord 6.48.010 Statutes Incorporated by Reference.The following statutes regarding burglary and trespass are incorporated by reference: RCW 9A.52.010 Definitions RCW 9A.52.060 Making or Having Burglar Tools RCW 9A.52.070 Criminal Trespass in the First Degree RCW 9A.52.080 Criminal Trespass in the Second Degree RCW 9A.52.090 Criminal Trespass--Defenses RCW 9A.52 .100 Vehicle Prowling RCW 9A.52.120 Computer Trespass Section 12.Section 6.50.010 of the Marysville Municipal Code is hereby amended to read as follows: 6.50.010 Statutes Incorporated by Reference.The following statutes regarding harassment and stalking are incorporated by reference: RCW 9A.46.010 RCW 9A.46.020 RCW 9A.46.030 RCW 9A.46.040 RCW 9A.46.050 RCW 9A.46.060 RCW 9A.46.070 RCW 9A.46.080 RCW 9A.46.090 RCW 9A.46.100 RCW 9A.46.110 RCW 10.14.020 RCW 10.14.120 RCW 10.14.170 Legislative Finding Definition--Penalties Place Where Committed Court Ordered Requirements Upon Person Charged With Crime-- Violation Arraignment--No Contact Order Crimes Included in Harassment Enforcement of Orders Restricting Contact Order Restricting Contact-- Violation Liability of Peace Officer Convicted--Time When Stalking Definitions Disobedience of Order--Penalties Criminal Penalty Section 13.Section 6.15.010 of the Marysville Municipal Code is hereby amended to read as follows: 6.15.010 Statutes Incorporated by Reference.The following statutes regarding obstructing governmental operation are incorporated by reference: RCW 9.69.100 RCW 9A.76.010 RCW 9A.76.020 ORDINANCE -9 /mv/register.ord Withholding Knowledge of Felony Involving Violence Definitions Obstructing of a Law Enforcement Officer RCW 9A.76.030 RCW 9A.76.040 RCW 9A.76.050 RCW 9A.76.060 RCW 9A.76.080 RCW 9A.76.090 RCW 9A.76.100 RCW 9A.76.130 RCW 9A.76.160 RCW 9A.76.170 Refusing to Summon Aid for a Peace Officer Resisting an Arrest Rendering Criminal Assistance-- Definitions Relative Defined Rendering Criminal Assistance in the Second Degree Rendering Criminal Assistance in the Third Degree Compounding Escape in the Third Degree Introducing Contraband in the Third Degree Bail Jumping Section 14.Section 6.15.020 of the Marysville Municipal Code,which reads as follows: 6.15.020 Obstructing a Law Enforcement Officer.It is unlawful for any person to make any wilfully untrue, misleading or exaggerated statement to a law enforcement officer,or to wilfully hinder,delay or obstruct any law enforcement officer in the discharge of his official powers or duties. is hereby REPEALED. Section 15.Section 6.12.010 of the Marysville Municipal Code is hereby amended to read as follows: 6.12.010 Statutes Incorporated by Reference.The following statutes regarding interference with official proceedings are incorporated by reference: RCW 9A.72.140 RCW 9A.72.150 RCW 9.27.015 Jury Tampering Tampering With Physical Evidence Interference,Obstruction of any Court,Building or Residence Section 16.Savings Clause.The repeal of any section or chapter herein does not effect any pending or existing litigation and does not operate as an abatement or bar to any action or proceeding pending under or by virtue of the repealed section or chapter. Section 17.Severability Clause.If any provision of this ordinance or its application to any person or circumstances is held invalid,the remainder of the ordinance,or the application of the provision to any other persons or circumstances,is not affected. Section 18.Effective Date.This ordinance shall take effect five (5)days after publication. ORDINANCE -10 /mv/register.ord ~PASSED by the City Council and APPROVED by the Mayor this /S day of June,1994. ATTEST: ¥1.By -~ CITY CLERK Approved as to form: By~t-.UJgqQ -CITY ATTORNEY CITY By OF MARYSVILLE f1JWJlMiA MAYOR Date of Publication: Effective Date (5 days after publication): ORDINANCE -11 /mv/register.ord