Chapter 9.22
LOITERING FOR DRUG-RELATED PURPOSES

Sections:

9.22.010    Definitions.

9.22.020    Drug loitering prohibited.

9.22.030    Chapter cumulative.

9.22.040    Violation – Penalty.

9.22.050    Invalidity of provisions.

9.22.010 Definitions.

A. “Controlled substances” means a drug, substance, or its immediate precursor, listed in Schedule I, II, III, or IV of the Uniform Controlled Substances Act, Chapter 69.50 RCW.

B. “Drug” means:

1. Substances recognized as drugs in the official U.S. pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them; or

2. Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in humans or animals; or

3. Substances affecting or intended to affect the structure or any function of the body of humans or animals, except for food, and except for vitamins and minerals approved by the U.S. Food and Drug Administration for use as minerals and vitamins.

C. “Drug-related activity” means any of the following:

1. Administering drugs, controlled substances or imitation controlled substances, whether by injection, inhalation, ingestion, or any other means, to oneself or to another person; or

2. Delivering drugs, controlled substances or imitation controlled substances by the actual, constructive or attempted transfer of drugs, controlled substances or imitation controlled substances from one person to another; or

3. Distributing drugs, controlled substances or imitation controlled substances by transferring or arranging for their transfer other than by administering or delivering them.

D. “High drug activity geographic area” means all or a part of a district of the city described by the Fife police department for crime reporting purposes which, during the immediate past calendar quarter, has reported a higher incidence of complaints or arrests involving drugs than is average for all of the operating precincts within the city.

E. “Imitation controlled substance” means a substance that is not a controlled substance, but which by appearance or representation would lead a reasonable person to believe that the substance is a controlled substance. Appearance includes, but is not limited to, color, shape, and size markings of the dosage unit. Representation includes, but is not limited to, representations or factors of the following nature:

1. Statements made by the person who owns or controls the substance regarding its nature, use or effect;

2. Statements made to the recipient that the substance can be resold for inordinate profit; or

3. Packing of the substance in a manner normally used for illicit controlled substances, such as but not limited to folded paper bundles, cellophane packages, aluminum foil balls, 35 mm film canisters, ziplock plastic baggies, two-inch glass vials, rubber balloons, or condoms.

F. “Known unlawful drug user, possessor or seller” means a person who has, to the knowledge of the arresting officer, within one year prior to the date of his or her arrest for violation of this chapter, been convicted of any infraction or crime involving the use, possession or sale of any drug, legend drug, controlled substance, or imitation controlled substance, either in any court in Washington State, or in the courts of any other state; or

Who is displaying the physical characteristics of use of any drug, legend drug, or controlled substance, such as poor coordination, slurred speech, needle marks on the body, constricted pupils or dilated pupils; or

Who is in possession of drug paraphernalia as defined in RCW 69.50.102; or

Who is the subject of an order prohibiting his or her presence in a high drug activity geographic area.

G. “Legend drug” means drugs which are required by Washington State statutes or administrative regulations, or regulations of the State Board of Pharmacy, to be dispensed on prescription only, or are restricted to use only by health care practitioners licensed by the state of Washington (including physicians under Chapter 18.71 RCW, osteopaths under Chapter 18.57 RCW, dentists under Chapter 18.32 RCW, podiatrists under Chapter 18.22 RCW, veterinarians under Chapter 18.92 RCW, registered nurses under Chapter 18.79 RCW, osteopaths’ assistants under Chapter 18.57A RCW, physicians’ assistants under Chapter 18.71A RCW, or pharmacists under Chapter 18.64 RCW, or pharmacies, hospitals or institutions licensed to distribute, dispense, conduct research with, or administer legend drugs to persons in the course of professional practice or research in the state).

H. “Loiter” means to stand about or to proceed with many stops. (Ord. 1808 § 11, 2012; Ord. 965 § 1, 1988).

9.22.020 Drug loitering prohibited.

It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or any public or private place for the purpose of engaging in drug-related activity, which activity is in violation of Chapter 69.41 RCW (regarding legend drugs), Chapter 69.50 RCW (The Uniform Controlled Substances Act), or Chapter 69.52 RCW (regarding imitation controlled substances).

Among the circumstances which may be considered in determining whether the person’s manner or circumstance manifests an intent to engage in unlawful drug-related activities include:

A. The Place. The area where the person is loitering is a high drug activity geographic area; or the premises involved have been reported, to the knowledge of law enforcement officers, to be a place suspected of illegal drug-related activity; and

B. The Vehicle Involved. Any motor vehicle involved is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for arrest for a crime involving unlawful drug-related activity; and

C. The Person. The person loitering is:

1. A known unlawful drug user; or

2. The person is acting as a “lookout” by repeatedly leading, directing or responding to others for no obvious lawful purpose; or

3. The person repeatedly transfers objects or packages for currency in a furtive fashion other than in a retail transaction licensed under the business and occupation and sales tax ordinances of the city; or

4. The person manifestly endeavors to conceal himself, herself or some object that reasonably could be involved in unlawful drug-related activity; or

5. The person is known by law enforcement officers to be a member of a “gang” or association that is known by law enforcement officers to be engaged in illegal drug activity; or

6. The person takes flight upon the appearance of a police officer; or

7. The person is currently subject to an order prohibiting his/her presence in a high drug activity geographic area; or

8. The person displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or

9. The person possesses drug paraphernalia as defined in Chapter 69.50 RCW. (Ord. 1660 § 1, 2008; Ord. 965 § 1, 1988).

9.22.030 Chapter cumulative.

The provisions of this chapter are intended to be cumulative and do not expressly or impliedly repeal any other ordinance involving the same subject matter. (Ord. 965 § 1, 1988).

9.22.040 Violation – Penalty.

Any person who violates the provisions of this chapter is guilty of a gross misdemeanor, and upon conviction may be imprisoned for up to six months and be subject to a fine of not more than $1,000. (Ord. 1803 § 5, 2012; Ord. 1777 § 1 (Exh. A), 2012; Ord. 965 § 1, 1988).

9.22.050 Invalidity of provisions.

If any provision of this chapter is held invalid, such invalidity shall not affect any other provision, or the application thereof, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 965 § 1, 1988).