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ORDINANCE NO. 3~ ?3
AN ORDINANCE requiring business
proprietors to exclude minors
from any room or place where drug
paraphernalia is displayed or
offered for sale, and regulating
the gift, sale or delivery of such
devices to minors.
WHEREAS, the consumption and use of controlled substances
is facilitated by the availability of drug paraphernalia, and
WHEREAS, the widespread availability and display of drug
paraphernalia to persons under the age of 18 encourages these young
people to possess controlled substances, and
WHEREAS, the City Council finds that the following regulations
are in the best interest of the public health, safety and general
welfare and will help prevent the manufacturing and consuming of
controlled substances, now, therefore,
THE CITY OF BREMERTON DOES ORDAIN:
The following sections shall be codified in Title 9A of the
Bremerton Municipal Code.
SECTION 1: DEFINITIONS.
(a) "Consume" includes ingesting, injecting, inhaling or
otherwise introducing into the human body.
(b) "Controlled Substance" means any substance defined in
chapter 5.60 ECC and Article II of Chapter 69.50 RCW
and RCW Section 69.50.201 through Section 69.50.213,
as now exists or as may hereafter be amended or
recodified.
(c) "Drug Paraphernalia" includes all equipment, products
and materials of any kind which are used, intended for
use, or designed for use in manufacturing an~/or con-
suming a controlled substance. -~z'?
(d) "Manufacture" includes planting, compounding, growing,
preparing, testing, analyzing, packaging, storing and
producing.
(e) "Minor" means any person under the age of 18 years.
(f) "Person" means any individual, corporation, firm, part-
nership or other association.
(g) "Sell" includes giving, bartering and 'exchanging.
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SECTION ~: SEPARATE ROOM FOR.SALE REQUIRED-POSTING OR SIGNS.
(a) No person shall sell or display for sale any drug para-
phernalia unless such drug paraphernalia is sold or
displayed in a separate room or enclosure into which
minors are not allowed to enter or remain unless accom-
panied by their parent or legal guardian.
(b) All entrances to rooms or enclosures where drug para-
phernalia is sold or displayed must be posted with a
sign to the effect that minors are prohibited unless
accompanied by their parent or legal guardian.
SECTION. 3: MINORS TO BE EXCLUDED.
No person in charge of or employed by any business where drug
paraphernalia is sold or displayed shall allow any minor to
enter or remain in any room or enclosure where drug parapher-
nalia is sold or displayed unless accompanied by the minor's
parent or legal guardian.
SECTION 4: MINORS PROHIBITED.
No minors shall enter or remain in any room or enclosure in
which drug paraphernalia is sold or displayed unless accom-
panied by his parent or legal guardian.
SECTION 5: SALE TO MINORS PROHIBITED.
No person shall sell drug paraphernalia to a minor unless the
minor is accompanied by his parent or legal guardian.
SECTION 6: VIOLATIONS - PENALTIES.
Any person violating any provision of this Ordinance ("Chapter"
when codified) shall be guilty of a misdemeanor and , upon
conviction thereof, shall be punished as set forth in Section
9A.52.030 of the Bremerton Municipal Code.
SECTION 7: SEVERABILITY.
If any section, subsection, paragraph, sentence, clause,
phrase or word of this ordinance is declared unconstitutional
or invalid by a court of competent jurisdiction, such invalidity
shall not affect the validity of the remaining portions of this
ordinance.
APPROVED by the City Council on the first reading this ~
day of J~ 1980.
PASSED by the City Council of the City of Bremerton, signed by
the Mayor and attested by the City Clerk in authentication of such
passage this 10~ day of ~ NE , 1980.
ATTEST:
rkKA~HLEEN L~ MANDIO, Ci y C
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