Ordinance 3956-23 - Laserfiche WebLink

2023 ORDINANCE Page 3 of 6 A.Any person who violates, EMC 10.35.011, EMC 10.35.12, EMC 10.35.020, EMC 10.35.030, EMC 10.35.060, EMC 10.36.020and the violation occurs in a school, on a school bus, within one thousand feet of a school bus route stop designated by the school district, within one thousand feet of the perimeter of the school grounds, in a public park, in a public housing project designated as a drug-free zone, on a public transit vehicle or in a public transit stop shelter may be punished by a fine of up to twice the fine otherwise authorized by this chapter, or by imprisonment of up to twice the imprisonment otherwise authorized by this chapter, or by both such fine and imprisonment. The provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by this chapter for an offense. B.It is not a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place while in a school or school bus or within one thousand feet of the school or school bus route stop, in a public park, in a public housing project designated as a drug-free zone, on a public transit vehicle, or in a public transit stop shelter. C.It is not a defense to a prosecution for a violation of this section or any other prosecution under this chapter that persons under the age of eighteen were not present in the school, the school bus, the public park, the public housing project designated as a drug-free zone, or the public transit vehicle, or at the school bus route stop or the public transit vehicle stop shelter at the time of the offense or that school was not in session. D.It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under eighteen years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling or possessing with the intent to manufacture, sell or deliver any controlled substance for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter. E.In a prosecution under this section, a map produced or reproduced by any municipal, school district, transit authority engineer, or public housing authority for the purpose of depicting the location and boundaries of the area on or within one thousand feet of any property used for a school, school bus route stop, public park, public housing project designated as a drug-free zone, or public transit vehicle stop shelter, or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas if the governing body of the municipality, school district or transit authority has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the area on or within one thousand feet of the school, school bus route stop, public park, public housing project designated as a drug-free zone, or public transit vehicle stop shelter. Any map approved under this section or a true copy of the map shall be filed with the clerk of the city, and shall be maintained as an official record of the city. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. This section shall not be construed as precluding the use or admissibility of any map or diagram