2017/05/17 Council Agenda Packet

1 . minor, selling/giving drug paraphernalia to another person,possession of marijuana, or any of the aforementioned crimes that occur within a drug-free zone. C.Nothing within this section shall be construed as precluding the Court from issuing an order pursuant to Chapter 10.13 EMC that isn't specifically a SODA order. Be and the same is hereby amended to read as follows: Stay Out of Drug Areas orders—Issuance—Other court orders. A.•Any order issued pursuant to Chapter 10.13 EMC that specifically orders as a condition of pretrial release and/or deferral or suspension of sentence that the defendant stay out of areas with a high level of illegal drug trafficking shall be hereinafter referred to as a"SODA" ("Stay Out of Drug Areas") order. B. SODA orders may be issued to anyone charged with or convicted of possession of drug paraphernalia,manufacture/delivery of drug paraphernalia, delivery of drug paraphernalia to a minor, selling/giving drug paraphernalia to another person,possession of marijuana, loitering for • the purpose of engaging in drug-related activity, criminal attempt of any Class C felony codified in the Uniform Controlled Substances Act, Chapter 69.50 RCW as currently enacted or later amended as though such section was set forth herein in full,or any of the aforementioned crimes that occur within a drug-free zone. C. SODA orders may also be issued to anyone convicted of a crime in which the court finds a nexus between the crime of conviction and drug activity. D.Nothing within this section shall be construed as precluding the Court from issuing an order pursuant to Chapter 10.13 EMC that isn't specifically a SODA order. Section 2. Severability Should any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or its application to any person or situation,be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to any other person or situation. The City Council of the City of Everett hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections,subsections,clauses,phrases or portions be declared invalid or unconstitutional. Section 3. General Duty It is expressly the purpose of this Ordinance to provide for and promote the health, safety and welfare of the general public and*not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Ordinance. It is the specific intent of this Ordinance that no provision or any term used in this 3 •