HomeMy WebLinkAboutO-2886 - Adds Ch. 6.28, stay out of drug areas (SODA) orders (6.28)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE 2J?~k
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
CREATING A NEW CHAPTER 6.28 TO THE MARYSVILLE MUNICIPAL
CODE ENTITLED "STAY OUT OF DRUG AREAS (SODA) ORDERS";
PROVIDING FOR SEVERABILITY; AND EFFECTIVE DATE.
WHEREAS, the City Council has been advised that Washington Courts have consistently
held that the right to travel is guaranteed by the United States Constitution and that right applies
to intrastate as well as interstate travel; and
WHEREAS, the City Council finds that local business owners, property owners and the
Marysville Police Department reported an increase of crime in the "Stay Out of Drug Area"
(SODA) areas; and
WHEREAS, the City Council finds that the provisions of this Ordinance are necessary
for the public health, safety and welfare; and
WHEREAS, the City Council wishes to establish predetennined SODA areas,
recognizing that, in addition to the predetennined SODA areas, Municipal Court Judges may on
a case-by-case basis issue orders with prohibited areas for defendants that are different than the
legislatively determined SODA area; and
WHEREAS, the City Council deems it appropriate to enact legislation including SODA
areas and enforcement of SODA orders to reduce crime; not to penalize or interfere with the
Constitutional right to travel of persons in the City but instead to place reasonable geographic
restrictions, at the discretion and with oversight of elected Municipal Court Judges, upon persons
who are charged with or convicted ofcrimes, where orders are limited in time and to areas where
there is ongoing drug or criminal activity.
NOW THEREFORE, the City Council of the City of Marysville, Washington do ordain
as follows:
Section 1. A new MMC Chapter 6.28 entitled "STAY OUT OF DRUG AREAS (SODA)
ORDERS" is hereby adopted to read as follows:
Chapter 6.28
"STAY OUT OF DRUG AREAS (SODA) ORDERS"
Sections:
6.28.010 Orders-Conditions.
6.28.020 Person subject to court order defined.
6.28.025 Stay out of drug areas orders-Issuance-Other court orders.
6.28.030 Violation of order-Rearrest.
Ordinance Page 1 of 4
M-11-001l0rd.Ch 6.28 SODA 2-22-12
6.28.040 Prohibited areas-Designation-Modification and termination.
6.28.010 Orders-Conditions.
Any judge or judge pro tempore of the Marysville municipal court may issue written orders
to criminal defendants describing conditions of their pretrial release or the post-conviction
conditions of suspension or deferral of their sentences. Orders must be substantially in the
form described in this chapter.
6.28.020 Person subject to court order defined.
As used in this chapter, "person subject to court order" means any person who is subject to
an order issued under Section 6.28.010.
6.28.025 Stay out of drug areas orders-Issuance-Other court orders.
(1) Any order issued pursuant to this chapter that specifically orders as a condition of
pretrial release and/or defelTal or suspension of sentence that the defendant stay out of
areas with a high level of illegal drug trafficking shall be hereinafter refelTed to as a
"SODA" ("Stay Out of Drug Areas") order.
(2) SODA orders may be issued to anyone charged with or convicted of possession of
drug paraphernalia, manufacture/delivery of drug paraphernalia, delivery of drug
paraphernalia to a minor, selling/giving drug paraphernalia to another person, possession
of marijuana, or any of the aforementioned crimes that occur within a drug-free zone.
(3) Nothing within this section shall be construed as precluding the court from issuing an
order pursuant to this chapter that isn't specifically a SODA order.
6.28.030 Violation of order-Rearrest.
(1) Written orders issued under this chapter shall contain the court's directives and shall
bear the legend:
WARNING: Violation of this order subjects the violator to rearrest under
Chapter 6.28 MMC and may result in imposition of suspended or
deferred jail time and/or fine.
(2) Whenever a police officer shall have probable cause to believe that a person is
subject to an order issued under this chapter and the person knows of the order, and that a
violation of the order is occurring in the officer's presence, the officer shall have the
authority to bring the person before the court wherein the order was issued, and for such
purpose may rearrest such person without walTant or other process.
6.28.040 Prohibited areas-Designation-Modification and termination.
(1) Whenever an order is issued under this chapter, the subject of the order may be
ordered to stay out of certain areas that are set forth within the written order. These areas
will hereinafter be referred to as "prohibited areas."
Ordinance Page 2 of 4
M-11-Q01/0rd.Ch 6.28 SODA 2-22-12
(2) Prohibited areas that are set forth in SODA orders shall be established by a resolution
of the city council, at a minimum of every two years. The police department shall provide
information to the city council to support establishment and/or the elimination of
prohibited areas in the form of one or more declarations and/or other sworn testimony.
The declaration(s) and/or other sworn testimony shall:
(a) Be by declarant(s) familiar with areas ofthe city that suffer a high incidence
of drug trafficking activity;
(b) Set forth the education, experience and other relevant qualifications of the
declarant(s);
(c) Set forth the basis for proposing prohibited areas, e.g., crime mapping data or
other information;
(d) Describe the proposed prohibited areas; and
(e) Provide other information that supports the council's review and
determination ofprohibited areas.
(3) Prohibited areas that are set forth in orders issued under this chapter other than
SODA orders may be set by court discretion and are not required to be set in accordance
with subsection 2 ofthis section.
(4) Upon request for modification or termination of any order issued under this chapter,
the court shall consider the requested modification or termination by allowing for a
process by which the subject of the order can provide relevant testimony or other
evidence in support of his/her request.
(5) Unless otherwise ordered by the court, an order issued under this chapter shall have
as its termination date two years from the date of its issuance.
(6) Whenever an order is issued, modified or terminated pursuant to this chapter, the
clerk ofthe court shall forward a copy of the order on or before the next judicial day to
the Marysville police department. Upon receipt of the copy ofthe order, the Marysville
police department shall enter the order until the expiration date specified on the order into
any computer-based criminal intelligence information system(s) available to Marysville
police officers. Upon receipt of notice that an order has been terminated, the Marysville
police depmiment shall remove the order from the computer-based criminal intelligence
information system(s).
Ordinance Page 3 of 4
M-11-D01/0rd.Ch 6.28 SODA 2-22-12
(7) Nothing in any provision of this chapter related to SODA orders shall be construed as
prohibiting the subject of a SODA order from participating in a scheduled court hearing
or from attending a scheduled meeting with his/her legal counsel within a prohibited area.
Section 2. General Duty. It is expressly the purpose of this ordinance to provide for and
promote the health safety and welfare of the general public and not to create or otherwise
establish or designate any particular class or group of persons who will or should be especially
protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance
that no provision nor any term used in this ordinance is intended to impose any duty whatsoever
upon the City or any of its officers or employees. Nothing contained in this ordinance is intended
nor shall be construed to create or form the basis of any liability on the part of the City, or its
officers, employees or agents for any injury or damage resulting from any action or inaction on
the part of the City related in any manner to the enforcement of this ordinance by its officers,
employees or agents.
Section 3. SeverabiJitv. If any section, subsection, sentence, clause, phrase or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, subsection, sentence, clause, phrase or word of this ordinance.
Section 4. Effective Date. This ordinance shall become effective five days after the date of
its publication by summary.
PASSED by the City Council and APPROVED by the Mayor this /.5 tl-.day of~,2012.
CITY OF MARYSVILLE
By ~
Jon Nehring, Mayor
'>
Approved as to form:
By n /'x4fc-' ~Q
Grant Weed, City Attorney
Date of Publication: dr::r/J-
Effective Date (5 days after publication): ~;;t-'f/--=20'1t~Z__
Ordinance Page 4 of 4
M-11-D01l0rd.Ch 6.28 SODA 2-22-12
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Stay Out of Drug Areas (S.O.D.A.)
Declaration of Crime Analyst Castanares
February 13,2012.
I, Don Castanares, certify or declare under penalty of perjury under the laws of the State of
Washington that the following is true and correct:
1. I am currently assigned to the Marysville Police Department as a Crime Analyst and have been
since October 2008. Part of the Crime Analyst's responsibilities includes tracking criminal activity
by type, date, time, and location to identify possible trends within the activity as well as locate "hot
spots" within the city.
2. I have been a limited-commissioned Crime Analyst with the City of Marysville for over three
years with an additional 23 years experience as Intelligence Analyst. I have provided intelligence
and analytical support to counter-drug operations at the federal, state, and local levels.
3. Attached to my declaration are maps of criminal activity separated by category. Each dot on the
map represents either a case number or incident number generated by the dispatchers and issued to
officers in the field as the activity occurs.
4. The proposed "Stay Out of Drug Area" or SODA poses a significant problem in almost every
category that we commonly track. In 2011, 85 of the 511 or 16.63% of the drug-related cases were
in the SODA. In 2010, 76 of the 418 or 18.18% of the drug-related cases were in the SODA. That
is a fairly large amount considering the proposed SODA is only about 1/5ih the size of Marysville.
City-wide, there has been a 22.25% increase in drug-related cases and an 11.84% increase within
the proposed SODA.
5. The purpose of this declaration is to provide information regarding the implementation of an
S.O.D.A. order.
Attached to my declaration and incorporated by reference is a description and map of the areas
described above, contained in the Marysville City limits, that I recommend on behalf of the
Marysville Police Department to the Marysville City Council to be designated as Stay Out of Drug
Areas (SODA) areas, to-wit:
Stay Out of Drug Areas (SODA) -Prohibited Areas
The entire area including but not limited to, both sides of the full width of streets, all real property
public and private, alleys, sidewalks, common areas, planting strips, parks, railroad tracks, marinas,
trails, beaches and parking areas within the area described below using streets and geographical
boundaries as the perimeter as follows:
The intersection of 1st St and Alder Avenue/Alder Street north along Alder Street to Alder Avenue;
North along Alder Avenue to the intersection of Alder Avenue and 9th Street;
West along 9th Street, past Delta Avenue, to the west side of the railroad tracks;
DECLARATION Page 1 on
M-J2-002/S0DA Analyst Declaration
South along the west side of the railroad tracks to 8th Street;
West along 8th Street past the intersection of Ash Avenue to the City limits abutting 1-5;
South along the City limits abutting 1-5 (including the intersections ofAsh Avenue and 60th Aveune
NE) to 1st Street;
East along 1st Street to the west side of the railroad tracks;
South along the west side of the railroad tracks to the waterline;
South east along the waterline, including the park and marina areas, to the west side of 529;
North east along west side of 529;
Crossing 529 along the City limits to the east side of 529;
South west along the east side of 529 to the water line;
South east along the waterline to the east side of Columbia Avenue;
North on the east side of Columbia Avenue to the south side of 1sl Street;
East along 15t Street to the intersection of 1st Street and Alder Avenue/Alder Street.
Dated this ~ ~day of February, 2012 at Marysville, Washington.
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Donald H. Castanares, Crime Analyst
DECLARATION Page 20f2
M-12-002/S0DA Analyst Declaration
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Declaration of Lieutenant Darin Rasmussen
February 13,2012.
I, Darin Rasmussen, certify or declare under penalty of perjury under the laws of the State of
Washington that the following is true and correct:
1.) I am a Lieutenant with the Marysville Police Department and have been assigned to the
Patrol Operations Division since February 2010.
2.) During my 2 I-year law enforcement career with the Marysville Police Department, I served
three years as Detective Sergeant, which included supervision of a narcotics unit that focused
on narcotics arrests and investigations, and since February of 2010 I provide management
and oversight of the Pro-Act Team (NITE) which proactively focuses on problem areas
within the city with the goal of reducing or eliminating drug-related crimes.
3.) During my tenure as Patrol Lieutenant I have received information from and/or met with
numerous citizens, business owners, community leaders, and organized groups who have
complained about narcotics trafficking in their neighborhoods, some of whom reside, work or
frequent the proposed SODA area. These concerned citizens have educated themselves in
patterns of persons who would engage in narcotics trafficking activities. These groups have
made it clear to me that narcotics trafficking activities cause disruptions in citizens' normal
daily lives as well as having an adverse impact on the local economy.
4.) During my career, I have facilitated special emphasis activities for additional enforcement of
laws related to narcotics and drug trafficking in and around the area described herein as
Comeford Park.
5.) In February of this year I received narcotics-related case and arrest information for the city of
Marysville for 2010 and 2011. My intent behind this effort was to ascertain the case and
atTest data as a factor, but not the sole determining factor as to whether or not narcotics
activity had decreased, increased or maintained status quo in a given area.
6.) From the data I received, I observed that city-wide narcotics-related cases increased from 418
in 2010 to 511 in 2011, showing an increase of approximately 22% and narcotics-related
atTests increased from 337 in 2010 to 459 in 2011, showing an increase of approximately
36%.
7.) From the data I received, I observed that the proposed SODA area (attached and described as
the area from approximately 1sl Street to 91h Street and from the area abutting Interstate 5 to
the water line and along Alder Avenue) accounted for approximately 2% of the geographic
area of the city, but accounted for approximately 93 narcotics-related atTests out of 459
narcotics-related atTests citywide, a factor of approximately 20%.
DECLARATlON Page 1 of3
M-12-002/S0DA Declaration Rasmussen Rev
8.) From the data 1 received, 1 observed that within the proposed SODA area narcotics-related
cases increased from 76 in 2010 to 85 in 20 11, showing an increase of approximately 12%.
9.) Crime Analysis reported to me that the proposed SODA area leads the rest of the City of
Marysville in a variety of tracked crime types including thefts, burglaries, vehicle prowls,
and assaults. Many of these crimes go hand-in-hand with and are related to the drug
trafficking activities in the proposed SODA area.
10.) The proposed SODA area boundaries were created to address specific identified problem
areas including specific roads of ingress and egress, business areas, and places that draw
volumes of people and which lend to street level narcotics trafficking, and at the same time
make considerations to avoid or minimize inclusion of necessary services such as court,
government services, banking, postal services, etc.
11.) The purpose of this declaration is to provide information regarding the implementation of
an SODA order.
Attached to my declaration and incorporated by reference is a description and map of the
areas described above, contained in the Marysville City limits, that 1 recommend on behalfof
the Marysville Police Department to the Marysville City Council to be designated as Stay out
of Drug Areas (SODA) areas, to-wit:
Stay Out of Drug Areas (SODA) -Prohibited Areas
The entire area including but not limited to, both sides of the full width of streets, all real
property -public and private, alleys, sidewalks, common areas, planting strips, parks, railroad
tracks, marinas, trails, beaches and parking areas within the area described below using streets
and geographical boundaries as the perimeter as follows:
The intersection of 1st St and Alder Avenue/Alder Street north along Alder Street to Alder
Avenue;
North along Alder Avenue to the intersection of Alder Avenue and 9th Street;
West along 9th Street, past Delta Avenue, to the west side of the railroad tracks;
South along the west side of the railroad tracks to 8th Street;
West along 8th Street past the intersection of Ash Avenue to the City limits abutting 1-5;
South along the City limits abutting 1-5 (including the intersections of Ash Avenue and 60th
Avenue NE) to Ist Street;
East along Ist Street to the west side of the railroad tracks;
South along the west side of the railroad tracks to the waterline;
DECLARATlON Page 2 of3
M-12-002/S0DA Declaration Rasmussen Rev
South east along the waterline, including the park and marina areas, to the west side of 529;
North east along west side of 529;
Crossing 529 along the City limits to the east side of 529;
South west along the east side of 529 to the water line;
South east along the waterline to the east side of Columbia Avenue;
North on the east side of Columbia Avenue to the south side of Ist Street;
East along 1st Street to the intersection of 1st Street and Alder Avenue/Alder Street.
....#'H~_-_-_-'---'\='3"-c-day of February, 2012 at Marysville, Washington.
DECLARATION Page 3 of3
M-12-002/S0DA Declaration Rasmussen Rev
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Stay Out of Drug Areas (S.O.D.A.)
Declaration of Maryke Burgess
February 13,2012.
I, Maryke Burgess, certify or declare under penalty of perjury under the laws of the State of
Washington that the following is true and correct:
t.) I am currently assigned to the Ken Baxter Community Center as the Parks and Recreation
Department's Recreation Coordinator. Parts of my responsibilities include planning events
and activities, overseeing the daily operations of the Center and the safety of the citizens who
use the facility. In addition, as a Parks employee I am the first point ofcontact for all
activities taking place during business hours at Comeford Park. The Community Center
building resides on the grounds of Comeford Park.
2.) I have worked for the City of Marysville within the Parks and Recreation Department at this
location for nine years and two months. During my time with the City, I've attended Gang
Awareness Training and other crime related presentations given by Marysville Police. Prior
to my experience with the City, I worked with teens and at risk youth with the Redmond
Boys and Girls Club and the Sumner School District. I have also worked with the City of
Redmond, WA. As a result, I've learned over time certain predictable behaviors of drug
related crimes.
3.) During my time with the City and working at the Ken Baxter Community Center building at
Comeford Park, I have witnessed groups of people hanging out in crowds, quick and unique
hand exchanges of various objects and short term visits to the park. This includes unusual
bathroom behavior which involved frequent trips back and forth by the same individuals and
people going together.
4.) While I've observed activity throughout the years, I've seen an increase since the summer of
2010 up to present. I witnessed groups of people in the park making numerous hand
exchanges, frequent bathroom stops, men and women coming out of the same restroom,
groups of people "parking and hanging out at their vehicles" for several hours waiting to
meet with others who then leave quickly, a female inhaling the contents of an aerosol can
(also known as huffing) under the playground equipment and passing out having to call an
aid car, intoxicated individuals lingering or sleeping in the park and a man high on heroin
coming to the front door of the Center trying to engage with customers.
5.) Occasionally there are admitted gang members who have told me they are with the "Crips"
and the "Juggaloes" gangs. However, the bulk of the incidents have come from independent
people. Some individuals have been found to have concealed weapons such as knives and
nunchuks on their person after police have been called by me witnessing what appeared to be
drug exchanges.
DECLARATION Page 1 of2
M-12-002/S0DA Officer Declaration
6.) Local businesses including the Teriyaki Bowl and Marysville Printing have reported
observing similar quick hand exchanges and large groups of youth lingering in the park for
long periods of time. The businesses have expressed overall concern to me in regard to
Comeford Park and ask me what is being done to take care of the situation.
i L fl"Dated this __--..-J day of February, 2012 at Marysville, Washington.
DECLARATION Page 2 of2
M-12-002fSODA Officer Declaration
Stay Out of Drug Areas
Declaration of Officer Jon Elton
February 13,2012.
I, Jon Elton, certify or declare under penalty of perjury under the laws of the State of Washington
that the following is true and correct:
1.) The purpose of this declaration is to provide information regarding the implementation of an
S.O.D.A. (Stay out of drug area) order. Also to specifically provide information on the areas,
based on my training and experience that should be included as S.O.D.A. areas.
2.) I am currently assigned to the Marysville Police Department Pro-Act Team (NITE) and have
been since October 2008. Part of the NITE team's responsibilities includes narcotics arrests and
investigations. We focus on problem areas in the city with the goal of reducing or eliminating
drug related crimes proactively.
3.) I have been a commissioned police officer with the City of Marysville for over six years. I have
worked in patrol and the pro-act unit during that time period. I have been involved in drug
investigations resulting in seizures of controlled substances & assets. The cases include those
involving Marijuana, Cocaine, Heroin, Methamphetamine, and other controlled substances. I
have been involved with hundreds of narcotic arrests in the city of Marysville.
4.) These areas are known to me from my experience and the Pro-Team's experience, data and
interaction with other officers from the Marysville Police Department to be areas where
narcotics trafficking presently justify designation as S.O.D.A areas. These areas include the
listed streets and the immediately adjoining sidewalks and alleys.
5.) During my career in the pro-act unit, I have been personally involved in special projects for
additional enforcement of laws related to narcotics and drug trafficking in the areas described as
the S.O.D.A.
6.) Some of those special projects included controlled buys of controlled substances such as heroin,
methamphetamine and marijuana. A controlled buy is when a controlled substance is purchased
from a drug distributor or seller by a confidential informant who is working in behalf of the
Marysville Police PD. I have performed search warrants on houses and vehicles resulting in
seizures of propel1y, money, and controlled substances. Using unmarked police vehicles, I have
observed numerous drug transactions independent of a scheduled controlled buy in the proposed
area, specifical1y the areas of4th Street and State Avenue, 4th Street and Beach Avenue, and 5th
Street and State Avenue.
7.) The area from ninth street south to Ist street. Ash Avenue to Quinn Avenue. This area contains
motels, business and residences that have shown through statistics and observations as areas
where narcotics and other criminal activity have flourished. 20% of all drug related arrests for
the City of Marysville occurred in this area in 2011.
DECLARATION Page 1 of 3
M-12-002/S0DA Officer Declaration
8.) The S.O.D.A. area contains on and off ramps to 1-5 and State Route 529 making this area an ideal
location for drugs sellers to enter and exit Marysville quickly. These on and off ramps are located in
the area of 4th Street and Beach Avenue, where a large amount of drug activity occurs. State Route
529 enters the City Of Marysville near the Ebey Waterfront Park. In this area I have personally
witnessed drug transactions and stopped major drug suppliers loitering in this area.
Attached to my declaration and incorporated by reference is a description and map of the areas
described above, contained in the Marysville City limits, that I recommend on behalf of the
Marysville Police Department to the Marysville City Council to be designated as Stay out of Drug
Areas (SODA) areas, to-wit:
Stay Out of Drug Areas (SODA) -Prohibited Areas
The entire area including but not limited to, both sides of the full width of streets, all real property
public and private, alleys, sidewalks, common areas, planting strips, parks, railroad tracks, marinas,
trails, beaches and parking areas within the area described below using streets and geographical
boundaries as the perimeter as follows:
The intersection of 15t St and Alder Avenue/Alder Street north along Alder Street to Alder Avenue;
North along Alder Avenue to the intersection of Alder Avenue and 9th Street;
West along 9th Street, past Delta Avenue, to the west side ofthe railroad tracks;
South along the west side of the railroad tracks to 8th Street;
West along 8th Street past the intersection of Ash Avenue to the City limits abutting 1-5;
South along the City limits abutting 1-5 (including the intersections ofAsh Avenue and 60th Aveune
NE) to 15t Street;
East along 15t Street to the west side of the railroad tracks;
South along the west side of the railroad tracks to the waterline;
South east along the waterline, including the park and marina areas, to the west side of 529;
North east along west side of 529;
Crossing 529 along the City limits to the east side of 529;
South west along the east side of 529 to the water line;
South east along the waterline to the east side of Col umbia Avenue;
North on the east side of Columbia Avenue to the south side of 15t Street;
DECLARATION Page 2 of3
M-12-002/S0DA Officer Declaration
East along 1st Street to the intersection of 1st Street and Alder AvenuelAlder Street.
Dated this L - \ S I (. day of February, 2012 at Marysville, Washington.
g1JJc
Na11tltle
DECLARATION Page 3 of3
M-12-002/S0DA Officer Declaration
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Proposed SO DA
VUC5A-Related Cases 2010/2011
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• 85 VUCSA-Related Cases in Proposed SODA in 2011
• 76 VUCSA-ReJated Cases in Proposed SODA in 2010
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