Chapter 9.13
LIQUOR AND CONTROLLED SUBSTANCES
Sections:
9.13.010 Sale of liquor to intoxicated person.
9.13.020 Furnishing liquor to minors – Possession by minors.
9.13.030 Possession of drug paraphernalia.
9.13.040 Use of dangerous drugs in public.
9.13.050 Unlawful deposit of dangerous drugs and drug paraphernalia.
9.13.060 Unlawful to aid or abet furnishing certain drugs to persons in jail or custody of police.
9.13.070 Places of resort for users of narcotics and/or dangerous drugs declared nuisance.
9.13.090 Drug-traffic loitering.
9.13.010 Sale of liquor to intoxicated person.
No person shall sell any liquor to any person apparently under the influence of liquor. Anyone who violates this section shall be guilty of a misdemeanor. (Ord. 1444 § 1, 2012).
9.13.020 Furnishing liquor to minors – Possession by minors.
A. It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of 21 years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, “premises” includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor.
B. It is unlawful for any person under the age of 21 years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor.
C. It is unlawful for a person under the age of 21 years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, “exhibiting the effects of having consumed liquor” means that a person has the odor of liquor on his or her breath and either:
1. Is in possession of or close proximity to a container that has or recently had liquor in it; or
2. By speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection D of this section.
A violation of this subsection shall be punished as provided in RCW 66.44.180.
D. Subsections A and B of this section do not apply to:
1. Liquor given or permitted to be given to a person under the age of 21 years by a parent or guardian and consumed in the presence of the parent or guardian;
2. Liquor given for medicinal purposes to a person under the age of 21 years by a parent, guardian, physician, or dentist; and
3. Liquor given to a person under the age of 21 years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service. (Ord. 1444 § 1, 2012).
9.13.030 Possession of drug paraphernalia.
It is unlawful for any person to knowingly possess drug paraphernalia, as defined in RCW 69.50.102, adopted by reference. A person who violates this section shall be guilty of a misdemeanor. (Ord. 1650 § 1, 2021; Ord. 1452 § 4, 2013).
9.13.040 Use of dangerous drugs in public.
A. It is unlawful for any person to intentionally use any dangerous drug in a public place, except as now or hereafter authorized or expressly permitted by the laws of the state or except upon the written or oral order or prescription of a physician, surgeon, dentist, or other medical professional licensed to practice in the state and legally authorized to prescribe controlled substances.
B. Definitions. For purposes of this section, the following terms or words shall be interpreted as follows:
1. “Dangerous drug” means any controlled substance classified in Schedule I, II, III or IV of Chapter 69.50 RCW, excluding cannabis, as it now exists or shall hereafter be added to, deleted from, modified, or amended.
2. “Public place” means an area generally visible to public view and includes without limitation any place where the public has a right of access, which includes without limitation sidewalks, parking lots and parking garages, streets, alleys, highways, or roads; public buildings and grounds, including schools, parks, playgrounds, and meeting halls; establishments to which the public is invited including restaurants, theaters, stores, gas stations, meeting halls, lobbies, halls and dining rooms of hotels, bars, taverns, pubs, or establishments where beer or soft drinks may be sold, and their associated parking lots, parking structures, walkways, doorways, and entrances; railroad trains, light rail facilities, buses, and other public conveyances of all kinds and character, and their associated stations and platforms used in conjunction therewith which are open to unrestricted use and access by the public; and all other places of like or similar nature.
3. “Use” means any effort taken in furtherance of an attempt to inject, ingest, inhale or otherwise introduce a controlled substance into the human body.
C. Unless another section expressly provides otherwise, any person who violates any provision of this section shall be guilty of a misdemeanor. (Ord. 1684 § 1, 2022).
9.13.050 Unlawful deposit of dangerous drugs and drug paraphernalia.
It shall be unlawful for any person to knowingly dump, throw, deposit, or discharge onto the ground or into any body of water any dangerous drug, as that term is defined in BLMC 9.13.040(B)(1), or drug paraphernalia, as defined in RCW 69.50.102, as those referenced provisions are currently enacted or hereafter amended or recodified. Unless another section expressly provides otherwise, any person who violates any provision of this section shall be guilty of a misdemeanor. (Ord. 1684 § 2, 2022).
9.13.060 Unlawful to aid or abet furnishing certain drugs to persons in jail or custody of police.
It is unlawful for any person not acting under the direction of the director of public health to knowingly furnish or aid or abet the furnishing of any opium, morphine, cocaine, hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bemidone or any substance neither chemically nor physically distinguishable from any one of them or any opiate or narcotic, or narcotic derivative thereof or any of the “dangerous drugs” mentioned in BLMC 9.13.040 to any person confined in jail, in the custody of the court bailiff, in the custody of the police department, in the custody of a police or law enforcement officer, or any place used for the confinement of a person, unless the substance in question is lawfully prescribed for the person by a doctor or physician and is given to such person under the direction of that person’s physician or doctor. Unless another section expressly provides otherwise, any person who violates any provision of this section shall be guilty of a misdemeanor. (Ord. 1684 § 3, 2022).
9.13.070 Places of resort for users of narcotics and/or dangerous drugs declared nuisance.
It shall be 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 knowingly permit the same to be used as a place of resort for the unlawful sale, gift, use, or distribution of narcotics, narcotic drugs or dangerous drugs mentioned in BLMC 9.13.040 and 9.13.060, and any such is hereby declared to be a public nuisance and may be abated as such in the manner provided by this chapter or Chapter 14.130 BLMC. Unless another section expressly provides otherwise, any person who violates any provision of this section shall be guilty of a misdemeanor. (Ord. 1684 § 4, 2022).
9.13.080 Unlawful to frequent or be in place where narcotics and/or dangerous drugs are unlawfully kept, used or disposed of.
It is unlawful for anyone, not lawfully authorized, to frequent, enter, be in, or be found in any place they know to be a location where narcotics, narcotic drugs, their derivatives, or dangerous drugs mentioned in BLMC 9.13.040 and 9.13.060 are unlawfully used, kept, or disposed of. Unless another section expressly provides otherwise, any person who violates any provision of this section shall be guilty of a misdemeanor. (Ord. 1684 § 5, 2022).
9.13.090 Drug-traffic loitering.
A. As used in this section:
1. “Conviction” means an adjudication of guilt pursuant to RCW Title 10 or 13, or the equivalent provisions of any federal statute, state statute, or ordinance of any political subdivision of this state, and includes a verdict of guilty, a finding of guilty, and an acceptance of a plea of guilty.
2. “Drug paraphernalia” means drug paraphernalia as the term is defined in the Uniform Substance Act, RCW 69.50.102, excluding hypodermic syringes or needles in the possession of a confirmed diabetic or a person directed by his or her physician to use such items.
3. “Illegal drug activity” means unlawful conduct contrary to any provision of Chapter 69.41, 69.50 or 69.52 RCW, or the equivalent federal statute, state statute, or ordinance of any political subdivision of this state.
4. “Known drug trafficker” means a person who has, within the knowledge of the arresting officer, been convicted within the last two years in any court of any felony illegal drug activity.
5. “Public place” means an area generally visible to public view and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, transit stations, shelters and tunnels, automobiles visible to public view (whether moving or not), and buildings, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
6. “Use” means any effort taken in furtherance of an attempt to inject, ingest, inhale, or otherwise introduce a controlled substance into the human body.
B. A person is guilty of drug-traffic loitering if he or she remains in a public place and intentionally solicits, induces, entices, or procures another to engage in unlawful conduct contrary to Chapter 69.41, 69.50 or 69.52 RCW.
C. The following nonexclusive list of circumstances do not by themselves constitute the crime of drug-traffic loitering, but they may be relevant in evaluating the criminal intent required by subsection B of this section:
1. Is seen by the officer to be in possession of drug paraphernalia under circumstances that evince an intent to use a controlled substance other than cannabis; or
2. Is a known drug trafficker; or
3. Repeatedly beckons to, stops or attempts to stop passersby, or engages passersby in conversation; or
4. Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or
5. Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians.
D. No person may be arrested for drug-traffic loitering unless probable cause exists to believe that he or she has remained in a public place and has intentionally solicited, induced, enticed or procured another to engage in unlawful conduct contrary to Chapter 69.41, 69.50, or 69.52 RCW.
E. Unless another section expressly provides otherwise, any person who violates any provision of this section shall be guilty of a gross misdemeanor. (Ord. 1684 § 6, 2022).
9.13.100 Severability.
If any one or more section, subsection, or sentence of this chapter is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. 1684 § 7, 2022).