Ordinance 2127ORDINANCE NO. 2127
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADDING NEW SECTIONS 5.60.100 THROUGH 5.60.160 TO
THE EDMONDS CITY CODE REGULATING THE POSSESSION,
USE AND SALE OF DRUG PARAPHERNALIA; DEFINING
TERMS; PROHIBITING THE USE, POSSESSION AND SALE OF
DRUG PARAPHERNALIA WHERE THERE IS INTENT TO USE
THE SAME FOR MANUFACTURING AND/OR CONSUMING
CONTROLLED SUBSTANCES; REQUIRING A SEPARATE ROOM
AND/OR ENCLOSURE FOR THE SALE AND DISPLAY OF DRUG
PARAPHERNALIA; PROHIBITING MINORS FROM ENTERING
THEREIN; AND ESTABLISHING PENALTIES.
WHEREAS, the City Council of the City of Edmonds
finds that the consumption and use of controlled substances
is facilitated by the availability of drug paraphernalia,
and
WHEREAS, the widespread availability and display
of drug paraphernalia to persons under the age of 18 encour-
ages these young people to possess controlled substances,
and
WHEREAS, the City Council finds that the following
regulations are in the best interest of the public health,
safety and general welfare and will help prevent the manufac-
turing and consuming of controlled substances, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1. A new section 5.60.100 is hereby added
to the Edmonds City Code to read as follows:
"Section 5.60.100 DRUG PARAPHERNALIA DEFINED.
A. The term "drug paraphernalia" means all equipment, pro-
ducts and materials of any kind which are used, intended
for use, or designed for use in manufacturing and/or
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consuming a controlled substance. It includes, but is
not limited to:
(1) Kits used, intended for use, or designed for use
in planting, propagating, cultivating, growing or
harvesting of any species of plant which is a
controlled substance or from which a controlled
substance can be derived;
(2) Kits used, intended for use, or designed for use
in manufacturing controlled substances;
(3) Isomerization devices used, intended for use, or
designed for use in increasing the potency of any
species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or de-
signed for use in identifying, or in analyzing the
strength, effectiveness or purity of controlled
substances;
(5) Scales and balances used, intended for use, or
designed for use in weighing or measuring con-
trolled substances;
(6) Diluents and adulterants, such as quinine hydro-
chloride, mannitol, mannite, dextrose and lactose,
used, intended for use, or designed for use in
cutting controlled substances;
(7) Separation gins and sifters used, intended for
use, or designed for use in removing twigs and
seeds from, or in otherwise cleaning or refining
marihuana;
(8) Blenders, bowls, containers, spoons and mixing
devices used, intended for use, or designed for
use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers
used, intended for use, or designed for use in
packaging small quantities of controlled sub-
stances;
(10) Containers and other objects used, intended for
use, or designed for use in storing or concealing
controlled substances;
(11) Hypodermic syringes, needles and other objects
used, intended for use, or designed for use in
parenterally injecting controlled substances into
the human body;
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(12) Objects used, intended for use, or designed for
use in ingesting, inhaling, or otherwise intro-
ducing marihuana, cocaine, hashish, or hashish oil
into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone
plastic, or ceramic pipes with or without screens,
permanent screens, hashish heads, or punctured
metal bowls;
(b) Water pipes;
(c) Carburation tubes and devices;
(d) Smoking and carburation masks;
(e) Roach clips: meaning objects used to
hold burning material, such as a marihuana cig-
arette, that has become too small or too short to
be held in the hand;
(f) Miniature cocaine spoons, and cocaine
vials;
(g) Chamber pipes;
(h) Carburator pipes;
(i) Electric pipes;
(j) Air -driven pipes;
(k) Chillums;
(1) Bongs;
(m) Ice pipes or chillers;
B. In determining whether an object is drug paraphernalia,
a court or other authority may consider, in addition to
all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of
the object concerning its use;
(2) Prior convictions, if any, of an owner, or of
anyone in control of the object, under any local,
state or federal law relating to any controlled
substance;
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(3) The proximity of the object, in time and space, to
a violation of this chapter;
(4) The proximity of the object to controlled sub-
stances;
(5) The existence of any residue of controlled sub-
stances on the object;
(6) Direct or circumstantial evidence of the intent of
an owner, or of anyone in control of the object,
to deliver it to persons whom he knows, or should
reasonably know, intend to use the object to
facilitate a violation of this chapter. The
innocence of an owner, or of anyone in control of
the object, as to a direct violation of this
chapter shall not prevent a finding that the
object is intended for use, or designed for use as
drug paraphernalia;
(7) Instructions, oral or written, provided with the
object concerning its use;
(8) Descriptive materials accompanying the object
which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for
sale;
(11) Whether the owner, or anyone in control of the ob-
ject, is a legitimate supplier of like or related
items to the community, such as a licensed distri-
butor or dealer of tobacco products;
(12) Direct or circumstantial evidence of the ratio of
sales of the object(s) to the total sales of the
business enterprise;
(13) The existence and scope of legitimate uses for the
object in the community;
(14) Expert testimony concerning its use."
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Section 2. A new section 5.60.110 is hereby added
to the Edmonds City Code to read as follows:
"Section 5.60.110 OTHER DEFINITIONS.
A. "Consume" includes ingesting, injecting, inhaling or
otherwise introducing into the human body.
B. "Controlled Substance" means any substance defined in
Chapter 5.60 ECC and Article II of Chapter 69.50 RCW
and RCW Section 69.50.201 through Section 69.50.213, as
now exists or as may hereafter be amended or reco-
dified.
C. "Manufacture" includes planting, compounding, growing,
preparing, testing, analyzing, packaging, storing and
producing.
D. "Minor" means any person under the age of 18 years.
E. "Person" means any individual, corporation, firm, part-
nership or other assocation.
F. "Sell" includes giving, bartering and exchanging."
Section 3. A new section 5.60.120 is hereby added
to the Edmonds City Code to read as follows:
"Section 5.60.120 POSSESSION PROHIBITED.
No person shall possess any drug paraphernalia with the
intent to use or employ the same for manufacturing and/or
consuming controlled substances."
Section 4. A new section 5.60.130 is hereby added
to the Edmonds City Code to read as follows:
"Section 5.60.130 SALE PROHIBITED.
No person shall sell drug paraphernalia to any person who
demonstrates an intent to use the same for manufacturing
and/or consuming controlled substances."
Section 5. A new section 5.60.140 is hereby added
to the Edmonds City Code to read as follows:
MV
"Section 5.60.140 SEPARATE ROOM FOR SALE REQUIRED.
A. No person shall sell or display for sale any drug para-
phernalia unless such drug paraphernalia is sold or
displayed in a separate room or enclosure into which
minors are not allowed to enter or remain unless accom-
panied by their parent or legal guardian.
B. All entrances to such rooms or enclosures must be
posted with a sign to the effect that drug parapher-
nalia is displayed or sold therein and that minors are
prohibited unless accompanied by their parent or legal
guardian."
Section 5. A new section 5.60.150 is hereby added
to the Edmonds City Code to read as follows:
"Section 5.60.150 MINORS TO BE EXCLUDED.
No owner, manager, employee or other person in charge of or
employed by any business where drug paraphernalia is sold or
displayed shall allow any minor to enter or remain in any
room or enclosure where drug paraphernalia is sold or dis-
played unless accompanied by the minor's parent or legal
guardian."
Section 6. A new section 5.60.160 is hereby added
to the Edmonds City Code to read as follows:
"Section &.60.160 MINORS PROHIBITED.
No minor shall enter or remain in any room or enclosure in
which drug paraphernalia is sold or displayed unless accom-
panied by his parent or legal guardian."
Section 7. ..Penalties. Any person violating any
provisions of this Ordinance shall be quilty of a misdem-
eanor and, upon conviction thereof, be punished as set forth
in Section 5.45.020 of the Edmonds City Code.
Section 8. Severability. If any section, sub-
section, word or phrase of this Ordinance is held invalid
by a court of competent jurisdiction, such invalidity shall
not affect the remaining portions of this Ordinance.
Section 9. Effective date. This Ordinance shall
be in full force and effect five (5) days after passage and
publication by posting as provided by law.
MAYOR, II. 14. HARRISON
ATTEST/AUTHENTICATED:
CITY CLERK, IRElf VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY G0—
FILED WITH THE CITY CLERK: M rch 19, 1980
PASSED BY THE CITY COUNCIL: March 25, 1980
POSTED: March 26, 1980
EFFECTIVE: March 31, 1980
grim
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
IRENE VARNEY MORAN , being first duly sworn
on oath deposes and says that She is over the age of eighteen
(18) years and is competent to testify as to the matter
stated herein.
On the 26
day of March
, 198 0 , affiant
posted true and correct copies of the attached Ordinance No.
2127, passed by the City Council on the 25
March
day of
, 1980 , at the three official posting places
for City notices which are the public bulletin boards at
the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmond Branch of the
United States Post Office
201 Main Street
Edmonds, Washington 98020.
DATED this 26 day of March
, 198 0 .
SUBSCRIBED AND SWORN to before me this -'27 day of
Aa,tf lc,' , 1980.
of ry Public in and for the
State o Washington, residing
at