Chapter 9.45
DRUG-RELATED VIOLATIONS

Sections:

9.45.010    Drug-related violations.

9.45.010 Drug-related violations.

(1) Any person who violates RCW 69.50.401 and the violation occurs in a drug-free zone, which shall include the area in a school, on a school bus, within 1,000 feet of a school bus route stop as designated by the school district, within 1,000 feet of the perimeter of any school grounds, in any public park, in a public housing project designated by a local governing authority as a drug-free zone, on a public transit vehicle, or in any public transit shelter, may be punished by a fine of up to twice the fine otherwise authorized by this code or Chapter 69.50 RCW, or by both such fine and imprisonment. The provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by Chapter 69.50 RCW for an offense.

(2) It is not a defense to a prosecution for a violation of this section that a person was unaware that the prohibited conduct took place while in a drug-free zone.

(3) It is not a defense to a prosecution for a violation of this section that persons under the age of 18 were not present in the drug-free zone at the time of the offense or that the school was not in session.

(4) It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under 18 years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling or possessing with the intent to manufacture, sell or deliver any controlled substance defined in RCW 69.50.401 for profit. The affirmative defense established in this subsection shall be proved by the defendant by a preponderance of the evidence. This subsection shall not be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other subsection of this section or Chapter 69.50 RCW.

(5) In a prosecution under this section, a map produced by the town for the purpose of depicting the location and boundaries of the drug-free zones or a true copy of such a map shall, under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of the drug-free zones if the town has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the drug-free zones. Any map approved under this section or a true copy of the map shall be filed with the clerk of the town and shall be maintained as an official record of the town. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. This section shall not be construed as precluding the use or admissibility of any map or diagram other than the one that has been approved by the city if the map or diagram is otherwise admissible under court rule.

(6) As used in this section, the following terms have the meanings indicated unless the context clearly requires otherwise:

(a) “Drug-free zone” means the area in a school or on a school bus, within 1,000 feet of a school bus route stop as designated by the school district, within 1,000 feet of the perimeter of any school grounds, or in a public park, on a public transit vehicle or in any public transit shelter;

(b) “School” has the meaning under RCW 28A.150.010 or 28A.150.020. The term “school” also includes a private school approved under RCW 28A.195.010;

(c) “School bus” means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. The term does not include buses operated by common carriers in the urban transportation of Twisp;

(d) “Public transit vehicle” means a bus or other motor vehicle operated by a common carrier or by a public agency through a municipal transportation system;

(e) “Public transit shelter” means any shelter for passengers on a public transit vehicle that is constructed and maintained through a municipal transportation system or by the town of Twisp;

(f) “Public housing project” means the same as “housing project” as defined in RCW 35.82.020. (Ord. 608 §§ 1 – 6, 2009)