Chapter 10.38
PROTECTION AGAINST DRUG TRAFFICKING
Sections:
10.38.030 Additional penalties.
10.38.010 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
A. “Drug” or “drugs” means a controlled substance as defined in Chapter 69.50 RCW or an “imitation controlled substance” as defined in RCW 69.52.020.
B. “Known drug trafficker” means any person who has been convicted of a drug offense in this state, another state, or federal court who subsequently has been arrested for a drug offense in this state. For purposes of this definition, “drug offense” means a felony violation of Chapter 69.50 or 69.52 RCW or equivalent law in another jurisdiction that involves the manufacture, distribution, or possession with intent to manufacture or distribute, of a controlled substance or imitation controlled substance.
C. “Off-limits orders” means an order issued by a superior or district court in the state of Washington that enjoins known drug traffickers from entering or remaining in a designated PADT area.
D. “Protected against drug trafficking area” or “PADT area” means any specifically described area, public or private, contained in an off-limits order. The perimeters of a PADT area shall be defined using street names and numbers and shall include all real property contained therein, where drug sales, possession of drugs, pedestrian or vehicular traffic attendant to drug activity, or other activity associated with drug offenses confirms a pattern associated with drug trafficking. The area may include the full width of streets, alleys and sidewalks on the perimeter, common areas, planting strips, parks and parking areas within the area described using the streets as boundaries. (Ord. 2197-97 § 1, 1997)
10.38.020 Penalties.
Any person who willfully disobeys an off-limits order issued under Chapter 10.66 RCW, as now or hereafter amended, shall be guilty of a gross misdemeanor. (Ord. 2197-97 § 2, 1997)
10.38.030 Additional penalties.
Any person who willfully disobeys an off-limits order issued under Chapter 10.66 RCW, as now or hereafter amended, shall be subject to criminal penalties as provided in this chapter and may also be found in contempt of court. (Ord. 2197-97 § 3, 1997)
10.38.040 Everett PADT areas.
A. “Protected against drug trafficking areas” or “PADT areas” in the city of Everett include, but are not limited to, the following specifically described areas:
1. The entire area extending from the 700 block to the 1100 block of North Broadway, and two blocks east and west of this area of North Broadway; and
2. The entire area extending from the 1000 block to the 3100 block of Broadway, and two blocks east and west of this area of Broadway; and
3. The entire area of Evergreen Way extending from the 4700 block to the south city limits, and two blocks east and west of this area of Evergreen Way; and
4. The entire area from the 1000 block to the 3200 block of Hewitt Avenue, and three blocks north and south of this area of Hewitt; and
5. The entire area of Rucker Avenue extending from Everett Avenue to the 4600 block of Rucker Avenue, and two blocks east and west of this area of Rucker Avenue; and
6. The entire area bordered on the south by 104th Place Southeast, on the west by 7th Avenue Southeast, on the north by Southeast Everett Mall Way, and on the east by Interstate 5.
B. The above are areas where drug sales, possession of drugs, pedestrian or vehicular traffic attendant to drug activity, or other activity associated with drug offenses confirms a pattern associated with drug trafficking.
C. Maps showing the above-described areas are attached to and hereby made a part of the ordinance codified in this chapter as Exhibits A, B, and C. (Ord. 2197-97 § 4, 1997)