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1 ORDINANCE NO. /.3"6,61- ? <br /> 2 <br /> 3 AN ORDINANCE relating to loitering for the purpose of engaging <br /> in drug-related activity, adding a new chapter to the <br /> 4 Everett Criminal Code, EMC Title 10 (Ordinance No. 1145-85) . <br /> 5 <br /> WHEREAS, the 1988 Legislature of the State of Washington, in connection <br /> 6 <br /> with the passage of Substitute House Bill No. 1445, has found the illegal <br /> 7 <br /> use, sale and manufacture of drugs and other drug-related activities to be a <br /> 8 <br /> state-wide problem; and <br /> 9 <br /> WHEREAS, innocent persons, especially children, who come into contact <br /> 10 <br /> with illegal drug-related activity within this City and their own <br /> 11 <br /> neighborhoods are seriously and adversely affected; <br /> 12 <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 13 <br /> Section 1 : A new Chapter is added to the Everett Criminal Code, EMC <br /> 14 <br /> Title 10, to be entitled "Loitering For the Purpose of Engaging in <br /> 15 <br /> Drug-Related Activity." <br /> 16 <br /> Section 2: LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED <br /> 17 - ACTIVITY. <br /> 18 1 . It is unlawful for any person to loiter in or near any <br /> 19 thoroughfare, place open to the public, or near any public or private place <br /> 20 in a manner and under circumstances manifesting the purpose to engage in <br /> 21 drug-related activity contrary to any of the provisions of Chapter 69.41 , <br /> 22 69.50, or 69.52 of the Revised Code of Washington. <br /> 23 2. Among the circumstances which may be considered in determining <br /> 24 whether such purpose is manifested, but not limited thereto, are: <br /> 25 <br /> a. Such person is a known unlawful drug user, possessor, or <br /> 26 seller. For purposes of this Chapter, a "known unlawful <br /> drug user, possessor, or seller" is a person who has, <br /> 27 within the knowledge of the arresting officer, been <br /> convicted in any court within this State of any violation <br /> 28 involving the use, possession or sale of any of the <br /> substances referred to in Chapter 69.41 , 69.50, and 69.52 <br /> 29 of the Revised Code of Washington, or such person has been <br /> convicted of any violation of any of the provisions of said <br /> 30 chapters of the Revised Code of Washington or substantially <br /> similar laws of any political subdivision of this State or <br /> 31 of any other state; or a person who displays physical <br /> characteristics of drug intoxication or usage, such as <br /> 32 <br />