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Ordinance 2238-97
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Ordinance 2238-97
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Ordinances
Ordinance Number
2238-97
Date
8/20/1997
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district,within one thousand feet of the perimeter of the school grounds, in <br /> a public park, in a public housing project designated as a drug-free zone, <br /> on a public transit vehicle or in a public transit stop shelter may be <br /> punished by a fine of up to twice the fine otherwise authorized by this <br /> chapter, or by imprisonment of up to twice the imprisonment otherwise <br /> authorized by this chapter, or by both such fine and imprisonment. The <br /> provisions of this section shall not operate to more than double the fine or <br /> imprisonment otherwise authorized by this chapter for an offense. <br /> B. It is not a defense to a prosecution for a violation of this section <br /> that the person was unaware that the prohibited conduct took place while <br /> in a school or school bus or within one thousand feet of the school or <br /> school bus route stop, in a public park, in a public housing project <br /> designated as a drug-free zone, on a public transit vehicle, or in a public <br /> transit stop shelter. <br /> C. It is not a defense to a prosecution for a violation of this section or <br /> any other prosecution under this chapter that persons under the age of <br /> eighteen were not present in the school, the school bus, the public park, <br /> the public housing project designated as a drug-free zone, or the public <br /> transit vehicle, or at the school bus route stop or the public transit vehicle <br /> stop shelter at the time of the offense or that school was not in session. <br /> D. It is an affirmative defense to a prosecution for a violation of this <br /> section that the prohibited conduct took place entirely within a private <br /> residence, that no person under eighteen years of age or younger was <br /> present in such private residence at any time during the commission of the <br /> offense, and that the prohibited conduct did not involve delivering, <br /> manufacturing, selling or possessing with the intent to manufacture, sell or <br /> deliver any controlled substance in RCW 69.50.401(a) for profit. The <br /> affirmative defense established in this section shall be proved by the <br /> defendant by a preponderance of the evidence. This section shall not be <br /> construed to establish an affirmative defense with respect to a prosecution <br /> for an offense defined in any other section of this chapter. <br /> E. In a prosecution under this section, a map produced or reproduced <br /> by any municipality, school district, transit authority engineer, or public <br /> housing authority for the purpose of depicting the location and boundaries <br /> of the area on or within one thousand feet of any property used for a <br /> school, school bus route stop, public park, public housing project <br /> designated as a drug-free zone, or public transit vehicle stop shelter, or a <br /> true copy of such a map, shall under proper authentication, be admissible <br /> and shall constitute prima facie evidence of the location and boundaries of <br /> those areas if the governing body of the municipality, school district or <br /> transit authority has adopted a resolution or ordinance approving the map <br /> as the official location and record of the location and boundaries of the <br /> area on or within one thousand feet of the school, school bus route stop, <br /> public park, public housing project designated as a drug-free zone, or <br /> public transit vehicle stop shelter. Any map approved under this section or <br /> a true copy of the map shall be filed with the clerk of the city, and shall be <br /> 4 <br />
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