HomeMy WebLinkAboutR-2003-118 Drug Free Zone / Southeast Community CenterRESOLUTION NO. R-2003- 118
A RESOLUTION creating a drug free zone at and within one thousand feet of
the Southeast Yakima Community Center.
WHEREAS, The City of Yakima owns and operates the Southeast
Yakima Community Center located at 1211 South 7t" Street; and
WHEREAS, the Southeast Yakima Community Center is used by the
citizens of Yakima for recreational, educational and cultural activities, including
Kids Place and Night Action children's programs and is a "civic center" as defined
in RCW 69.50.435; and
WHEREAS, drug related activities have a deleterious effect on the
operations of the Southeast Yakima Community Center and upon families and
children who frequent the Center; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Southeast Yakima Community Center and within one thousand
(1,000) feet of the perimeter of said Southeast Yakima Community Center are
hereby designated a drug free zone.
ADOPTED BY THE CITY COUNCIL, this 2nd d ,pf September , 2003.
ATTEST:
,e0,
City Clerk
(Ik) res drug free corn ctr.jw
Place, Mayor
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9
For Meeting of o1 -2.-O3
ITEM TITLE: A RESOLUTION creating a drug free zone at and within one
thousand feet of the Southeast Yakima Community Center.
SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff B. West, 575-6033
SUMMARY EXPLANATION: This item is submitted at the request of the Yakima
County Prosecutor's Office to formalize the creation of a drug free zone at the
Southeast Yakima Community Center and within one thousand feet of the perimeter of
the Southeast Yakima Community Center. Please refer to the attached memoranda
for additional details.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Funding Source
APPROVED FOR SUBMITTAL:
Phone:
City Manager
STAFF RECOMMENDATION: Council Policy Issue
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-118
(Ik) agenda drug free zone )w
CITY OF YAKIMA
LEGAL
DEPARTMENT
200 South Third Street Yakima Washington 98901-2830 phone: (509) 575-6030; fax (509) 575-6160
MEMORANDUM
August 27, 2003
TO: Honorable Mayor and Members of the City Council
FROM: Jeff B. West, Senior Assistant City Attorney
SUBJECT: Drug Free Zones
The Yakima County Prosecutor's Office has requested that the City Council
consider a resolution to create a drug free zone at the Southeast Yakima Community
Center. To date, no such resolution has been adopted.
In 1991, representatives of the City, the County Prosecutor's office, Yakima
Public Schools, the Yakima County Sheriff, and the Yakima County Substance
Abuse Coalition met to create a drug free zone at the Southeast Yakima Community
Center. Although a drug free zone was agreed upon, and signs were placed
notifying individuals of the area's status as a drug free zone, the City Council took no
formal action. At that time, there was no need to take formal action.
In 1996, the legislature amended RCW 69.50.435 to provide increased
punishment for individuals who commit drug related crimes at a "civic center
designated as a drug-free zone by the local governing authority," or "within one
thousand feet of the perimeter of a facility designated [as a drug free zone], if the
local governing authority specifically designates the one thousand foot perimeter."
The proposed resolution would formalize the drug free zone that was created in
1991 and allow the County Prosecutor's office to seek additional penalties for
individuals who commit serious controlled substance crimes within the area of the
Southeast Yakima Community Center.
It should be noted that the proposed resolution designates only the Southeast
Yakima Community Center as a drug free zone. Other civic centers, such as the
senior center(s), and certain public housing projects could also be designated as
drug free zones. Because the Council has not previously designated these other
facilities as drug free zones, they have not been included in the resolution. At
Council direction, staff could prepare and submit resolutions to designate additional
facilities as drug free zones.
(Ik) memo to council drug free zone.jw
July 16, 2003
Mr. Jeffery West
City of Yakima
Legal Department
Re: Drug Free Zones
Dear Jeff:
Ronald S. Zirkle
Prosecuting Attorney
Yakima County Prosecuting Attorney's Office
Narcotics Division
John C. Monter, Deputy Prosecuting Attorney
James W. Swanner, Deputy Prosecuting Attorney
Kelley C. Olwell, Deputy Prosecuting Attorney
Odella Jordan, Paralegal
Per your request I am writing regarding the creation of drug free zones for public
housing projects as well as community centers here in the City of Yakima. Please refer
to RCW 69.50.435.
This statute creates additional penalties for dealing drugs in or within 1,000 feet
of such facilities but only if the governing authority has designated them as drug free.
We recently tried a case involving drug sales across the street from the Southeast
Community Center. The City Clerk could not provide us with a resolution or ordinance
by the City Council declaring this facility to be a drug free zone. Everyone seems to
know/think this was done some time ago but the records cannot be located.
Could you, or your office, please draft and submit a resolution/ordinance that
accomplishes this? Thank you for your assistance.
Sin ej ely,
t John Monter
129 North Second Street
Yakima, WA 98901
Phone: (509) 574-1280 Fax: (509) 574-1281
Web Site: http://co.yakima.wa.us/pa