HomeMy WebLinkAbout4310 ORDINANCE NO..~'~/O
AN ORDINANCE prohibiting drug related loitering and prescribing penalties
therefore, and adopting a new Chapter to Title'9 of the Bremerton Municipal Code.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. New Chapter. A new Chapter 9.89, DRUG RELATED
LOITERING, is hereby added to Title 9 to read as follows:
9.89.010 DRUG RELATED LOITERING.
(a) It is unlawful for any person to remain in a public place for the purpose of
soliciting, inducing, enticing or procuring another to sell or purchase a controlled substance
as defined in RCW 69.41,69.50or 69.52.
Co) Among the circumstances which may be considered in determining whether the
person remains in a public place for the purpose of the acts described above are:
(1) Such person is seen by the officer to be in possession of drug
paraphernalia. "Drug paraphernalia" means drug paraphernalia as the term is defined by
RCW 69.50.102.
(2) Such person is a known unlawful drug user, possessor or seller. For
purposes of this chapter a "known unlawful drug user, possessor or seller" is a person who
has, in the knowledge of the arresting officer been convicted in any court within this State
of any violation of RCW 69.41, 69.50 and 69.52, or substantially similar laws of any
political subdivision of this State or of any other state.
(3) Such person repeatedly beckons to, stops or attempts to stop pedestrians
or engages pedestrians in conversation.
(4) Such person repeatedly beckons to, stops or attempts to stop motor
1
vehicle operators by hailing, waving of arms or any other bodily gesture.
(5) Such person circles an area in a motor vehicle and repeatedly beckons to,
contacts or attempts to stop pedestrians.
(6) Such person is the subject of a court order prohibiting his presence in a
high drug activity geographic area.
(7) The area involved is a high drug activity geographic area.
(8) Such person transfers small objects or packages.
(9) Such person has an outstanding warrant for a crime involving drug related
activity.
(10) Any vehicle involved is registered to a "known unlawful drug user, possessor or
seller" as defined in BMC 9.89.010(b)(2).
(c) A person convicted of drug traffic loitering shall be guilty of a gross
misdemeanor.
APPROVED by the City Council of the City of Bremerton this ] '~' day of
~r¥\, (?,i: I', J , 1991.
PASSED by the City Council of the City of Bremerton this ~L) day of
~I :'~. i ~ 1991.
ORTON, Council President
APPROVED this _~' day of ~ , 1991.
LOUIS MENTOR, Mayor
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