HomeMy WebLinkAboutO-3058 - Related to Stay Out of Drug Areas - SODACITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3 {) :)<;{
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, AMENDING SECTION 6.28.040 OF THE MUNICIPAL CODE
IN REGARD TO STAY OUT OF DRUG AREAS.
WHEREAS, on February 13, 2012, the City Council adopted Ordinance No. 2886
creating chapter 6.28 of the municipal code entitled "Stay Out of Drug Areas (SODA) Orders"
and subsequently amended the chapter on May 13, 2013, through Ordinance No. 2925; and
WHEREAS, the Council finds that the Ordinances have enhanced public safety; and
WHEREAS, the Council finds that in addition to areas that experience a high incidence
of drug trafficking activity, areas that experience a high incidence of drug use activity should be
eligible to be designated as Stay Out of Drug Areas in order to protect public health and safety;
and
WHEREAS, through updates from the Chief of Police, other City personnel, and citizens,
the Council has become familiar with the effectiveness of the Stay Out of Drug Area; and
WHEREAS, the procedure for establishing, modifying, or eliminating the boundaries of a
Stay Out of Drug Area should be modified to provide the Council with adequate information on
which to base its decision; and
WHEREAS, the Council finds that it is no longer necessary to re-establish the Stay Out
of Drug Areas every two years.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. Amendment of Municipal Code. The municipal code is amended as set
forth in Exhibit "A."
SECTION 2. Severability. 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 3. 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 {j J.. day of
\Y]a.u ,2017.
\
CITY OF MARYSVILLE '
6
Attest ~(]/ _
By /:Z,,./
AL O'BRIEN, DEPUTY CITY CLERK
Date of publication: 5 fa 1 k1 /I
Effective Date (5 days a'fter publication): &!jl/L7
EXHIBIT A
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(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."
(2) Prohibited areas that are set forth in SODA orders sHaU-may be established,_f!lQdified. or elirt'}inated by a
resolution of the city council, at a minimum of every two yeaFS. The police department sJ:IBll-will provide
information to the city council to support estabffsf!meffi-QSt<,"lblishJ.r::i..9 •. IT!Q_QlfvlOiL-QL9Jll'!li.Q§!ting_and/or the
elimination-et prohibited areas in the form of one or more deGlaration&-aAtller-ether sworn testimony. The
aeclaration(s) and/or other sworn testimony shall:
(a) Be by declarant(s) familiar with areas-ef..#le-Gity--#la~-a-~**!efl00-Gf-4R:ig-trnfficking activ+tY:Bf
drug use activity;
(b) Set forth the education, experience and other relevant qualifications of t.~Atfs}i
(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~~he council's review and determinatio~hibited 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) of this 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 of the 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 of the 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 department shall
remove the order from the computer-based criminal intelligence information system(s).
(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.