Ordinance 1775-91 - Laserfiche WebLink

• EVERETT ORDINANCE NO. 1775-91 AN ORDINANCE relating to drug free zones; possession of drug paraphernalia or marijuana in or on certain public places or facilities, adding a new section to Everett Municipal Code Chapter 10.35. WHEREAS, drug abuse has an especially devastating effect on youth in our community; and WHEREAS, the mere presence of illegal drugs encourages the use of these illegal drugs; and WHEREAS, to discourage the mere presence of illegal drugs in areas where minors congregate, play and are educated, it is desirable to enhance the potential penalties for possession of marijuana and possession of drug paraphernalia in these areas; and WHEREAS, the City of Everett's clear policy is to promote drug-free schools and a drug-free community; NOW, THEREFORE, THE CITY OF EVERETT DOES HEREBY ORDAIN: SECTION 1 : A new section is hereby added to Everett Municipal Code Chapter 10.35, to be designated EMC 10.35.100, to read as follows: A. Any person who violates EMC 10.35.020 by using or possessing drug paraphernalia, or who violates EMC 10.35.030 by delivering, possessing with intent to deliver, or manufacturing with intent to deliver drug paraphernalia, or who violates EMC 10.35.060 by possessing marijuana, and the violation occurs in a school or on a school bus or within one thousand feet of a school bus route stop designated by the school district or within one thousand feet of the perimeter of the school grounds, in a public park or 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, on a public transit vehicle, or in a public transit stop shelter.