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Ordinance 1775-91
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Ordinance 1775-91
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Ordinances
Ordinance Number
1775-91
Date
3/27/1991
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• <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 <br /> park, or the public transit vehicle, or at the school bus route stop or <br /> the public transit vehicle stop shelter at the time of the offense or <br /> 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 <br /> private residence, that no person under eighteen years of age or <br /> younger was present in such private residence at any time during the <br /> commission of the offense, and that the prohibited conduct did not <br /> involve delivering, manufacturing, selling, or possessing with the <br /> intent to manufacture, sell , or deliver any controlled substance in <br /> RCW 69.50.401 (a) for profit. The affirmative defense established in <br /> this section shall be proved by the defendant by a preponderance of the <br /> evidence. This section shall not be construed to establish an <br /> affirmative defense with respect to a prosecution for an offense <br /> defined in any other section of this chapter. <br /> E. In a prosecution under this section, a map produced or reproduced by <br /> any municipal , school district, or transit authority engineer for the <br /> purpose of depicting the location and boundaries of the area on or <br /> within one thousand feet of any property used for a school , school bus <br /> route stop, public park, or public transit vehicle stop shelter, or a <br /> true copy of such a map, shall under proper authentication, be <br /> admissible and shall constitute prima facie evidence of the location <br /> and boundaries of those areas if the governing body of the <br /> municipality, school district, or transit authority has adopted a <br /> resolution or ordinance approving the map as the official location and <br /> record of the location and boundaries of the area on or within one <br /> thousand feet of the school , school bus route stop, public park, or <br /> public transit vehicle stop shelter. Any map approved under this <br /> section or a true copy of the map shall be filed with the Clerk of the <br /> City, and shall be maintained as an official record of the City. This <br /> section shall not be construed as precluding the prosecution from <br /> introducing or relying upon any other evidence or testimony to <br /> establish any element of the offense. This section shall not be <br /> construed as precluding the use or admissibility of any map or diagram <br /> other than the one which has been approved by the governing body of a <br /> municipality, school district, or transit authority if the map or <br /> diagram is otherwise admissible under court rule. <br /> F. As used in this section the following terms have the meanings indicated <br /> unless the context clearly requires otherwise: <br /> 1 . "School " has the meaning under RCW 28A.150.010 or 28A.150.020. <br /> The term "school " also includes a private school approved under <br /> RCW 28A.195.010; <br /> 2 <br />
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