HomeMy WebLinkAbout1988-3097 LOITERING ORDINANCE NO. 3 0 9
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AN ORDINANCE relating to public safety and morals; prohibiting
loitering for the purpose of engaging in drug - related
activity; limiting arrests therefore; enumerating
circumstances that may be considered as manifesting
such purpose; enacting Section 6.04.540 of the City
of Yakima Municipal Code; and declaring an emergency.
WHEREAS, the Legislature of the State of Washington, in
connection with the passage of Substitute House Bill No. 1445, has
this year found the illegal use, sale and manufacture of drugs and
other drug - related activities to be a state -wide problem; and
WHEREAS, innocent persons, especially children, who come into
contact with illegal drug- related activity within this city and
their own neighborhoods are seriously and adversely affected; and
WHEREAS, illegal drug- related activities have become so
prevelant in this city so as to result in syringes and usable
cigarette lighters being disposed of in public and private places
where children have free access thereto from which there is
created a substantial and unreasonable risk of serious disease or
injury to children in particular; and
WHEREAS, the City Council has been made acutely aware by
citizens and citizen groups of this city as to the increased,
widespread illegal drug- related activities occurring throughout
this city; and
WHEREAS, the City Council finds and declares the illegal use,
sale and manufacture of drugs and other drug- related activities is
a city -wide problem of such substantial and significant propor-
tions that an emergency exists threatening the health and welfare
of this city, particularly children, so as to authorize the
immediate effectiveness of this ordinance upon its passage, now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.04.540 of the City of Yakima Municipal
Code is hereby enacted to read as follows:
"6.04.540 Loitering for the Purpose of Engaging in
410 Drug- Related Activity.
A. It is unlawful for any person to loiter in or
near any thoroughfare, place open to the public or near
any public or private place in a manner and under
LOITERIN.ORD /G9 1
• circumstances manifesting the purpose to engage in drug-
related activity contrary to any of the provisions of
. chapters 69.41, 69.50 or 69.52 of the Revised Code of
Washington.
4111 B. No arrest shall be made for a violation of this
section unless the arresting officer first affords such
person an opportunity to explain such conduct, and no
• person shall be convicted of violating this section if
it appears at trial that the explanation given was true
and disclosed a lawful purpose.
C. Included among the circumstances which may be
considered in determining • whether such purpose is
manifested, but not limited thereto, are:
(1) Such person is a known, unlawful drug user,
possesser, or seller;
(2) It is known that such person has been con-
victed in any court within this state within a
period of two years of any violation involving the
use, possession or sale of any of the substances
referred to in chapter 69.41, 69.50 and 69.52 of
the Revised Code of Washington, or, within two
1111 years, such person has been convicted of any
violation of any of the provisions of said chapters
of the Revised Code of Washington;
(3) The area involved is by public repute known to
be an area of unlawful drug use and trafficking;
• (4) The premises involved are known to have been
reported to law enforcement as a place suspected of
drug activity pursuant to chapter 69.52 of the
Revised Code of Washington;
(5) Any vehicle involved is known to be registered
to a known unlawful drug user, possesser, or seller
or for which there is an outstanding warrant for a
• crime involving drug-related activity;
•
(6) Such person behaves in such a manner as to
raise a reasonable suspicion that he or she is
about to engage in or is then engaged in an
unlawful drug-related activity;
(7) Such person takes flight upon the appearance
of a police officer;
(8) Such person manifestly endeavors to conceal
himself or herself or any object that reasonably
could be involved in an unlawful drug-related
activity;
• •
(9) Such person refuses to identify himself or
• herself upon the request of an identified police
officer."
Section 2. This ordinance is one to provide for the
111 immediate preservation of the public peace, property, health,
safety, and welfare of the people of the city of Yakima and an
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LOITERIN.ORD/G9 2
emergency is declared to exist and this ordinance shall be in full
force and effect immediately after its passage, approval and
40 publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this /0
40 day of rll1 , 1988.
(74te
Mayor
ATTEST:
City Clerk
4111 Publication Date MAY 1 319;•;
Effective Date MAY 1 41988
41)
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