Chapter 9.20
CONTROLLED SUBSTANCES
Sections:
9.20.050 Use of premises by users of controlled substances unlawful.
9.20.060 Abatement of nuisance places – Procedure.
9.20.070 Entering place where controlled substances kept unlawful.
9.20.080 Search and seizure of controlled substances.
9.20.010 Adoption of state statutes.
Repealed by Ord. 1266. (Ord. 1025 § 6, 1990; Ord. 883 § 1, 1986; Ord. 741 § 1, 1984; Ord. 418 § 1, 1977).
9.20.020 Legend drugs.
Repealed by Ord. 1266. (Ord. 1180 § 4, 1994; Ord. 1025 § 7, 1990; Ord. 741 § 1, 1984; Ord. 418 § 2, 1977).
9.20.030 Prohibition against under the influence of drugs.
Repealed by Ord. 1025. (Ord. 418 § 3, 1977).
9.20.040 Possession of devices for injecting drugs prohibited – Exception.
Repealed by Ord. 2103. (Ord. 2046 § 1, 2021; Ord. 418 § 4, 1977).
9.20.050 Use of premises by users of controlled substances unlawful.
A. It is unlawful for any person, firm, corporation or agent, holding, leasing, renting, occupying or having charge and control of any building, structure or premises, or room or rooms therein, to use or permit the same to be used as a place where drugs or other controlled substances are used or as a place of resort for persons known to be users of drugs or other controlled substances. Any such place is a public nuisance, and may be abated as such in the manner provided by FMC 9.20.060.
B. It shall be a defense for an owner, manager or other person in control as defined in subsection (A) of this section to, in good faith, notify the Fife police department of suspected use of the premises in violation of subsection (A) of this section or to process an unlawful detainer action for drug-related activity against the tenant or occupant. (Ord. 1025 § 9, 1990; Ord. 418 § 5, 1977).
9.20.060 Abatement of nuisance places – Procedure.
Any building, structure, premises, or room or rooms therein, constituting a nuisance as defined in this chapter may be abated in a civil action in the manner provided by law; or the court upon final judgment of conviction for violation of this chapter of any person found therein at the time of his arrest may forthwith, and as part of the same proceeding, direct the chief of police to abate summarily any such place as a nuisance as defined by this chapter. Such abatement shall be effected by closing and securely locking the place abated and excluding all persons therefrom. It is unlawful for any owner, agent, lessee, tenant, person in charge or occupant to enter, use or occupy any building, structure or premises, or room or rooms therein, abated as a nuisance under the provisions of this chapter, from and for a period of one year after the date of such abatement, unless he as principal shall theretofore give and file with the city clerk or finance director-treasurer a good and sufficient surety bond, to be approved by the court making the order of abatement, or in case of summary abatement to be approved by the chief of police, in the penal sum of $500.00, payable to the city, conditioned that such building, structure or premises, or room or rooms therein, will not thereafter be used in violation of this chapter; and in case of the violation of any of the conditions of such bond, the whole amount may be recovered against him as a penalty. (Ord. 1751 § 1 (Exh. A), 2011; Ord. 535 § 1, 1979; Ord. 418 § 6, 1977).
9.20.070 Entering place where controlled substances kept unlawful.
It is unlawful for anyone, not lawfully authorized, to frequent, enter, be in, or be found in, any place where drugs or other controlled substances or their derivatives are unlawfully used, kept or disposed of. (Ord. 418 § 7, 1977).
9.20.080 Search and seizure of controlled substances.
If, upon the sworn complaint of any person, it is made to appear to the judge of the Fife municipal court or any other judge of a court of competent jurisdiction that there is probable cause to believe that any other controlled substance is being used, manufactured, sold, bartered, exchanged, administered, dispensed, delivered, distributed, produced, possessed, given away, furnished or otherwise disposed of, or kept in violation of the provisions of this chapter, or Chapters 9.22 and 9.24 FMC, such judge shall, with or without the approval of the prosecuting attorney, issue a warrant directed to the Fife chief of police; or any Fife police officer, commanding him or her to search the premises designated and described in such complaint and warrant and to seize all controlled substances there found, together with the vessels in which they are contained and all implements, furniture and fixtures used or kept for the illegal manufacture, sale, barter, exchange, administering, dispensing, delivering, distributing, producing, possessing, giving away, furnishing or otherwise disposing of such controlled substances, and to safely keep the same and to make a return of said warrant within three days, showing all acts and things done thereunder, with a particular statement of the articles seized and the name of the person or persons in whose possession of said articles, the returns shall so state. The provisions of RCW 10.31.030 as now or hereafter amended shall apply to actions taken pursuant to this chapter. (Ord. 1025 § 10, 1990; Ord. 418 § 8, 1977).
9.20.090 Imitation controlled substances – Adoption of state statutes.
Repealed by Ord. 1266. (Ord. 741 § 3, 1984).
9.20.100 Possession of marijuana – Other violations of chapter – Penalty.
Repealed by Ord. 1266. (Ord. 1025 § 11, 1990).