ORD 68-07 NARCOTICS USEORDINANCE NO. C~ ~
AN ORDINANCE of the Town of Winslow relating to restrictions and
prohibitions on the possession, sale or use of
narcotics in the Town, and establishing penalties.
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF WINSLOW as follows:
Section 1. This entire ordinance shall be deemed an exercise
of the police power of the State of Washington and of the Town
of Winslow for the protection of the economic and social welfare,
health, peace and morals of the people of the Town of Winslow, and
all its provisions shall be liberally construed for the accomplish-
ment of that purpose.
Section 2. It shall be unlawful, except when lawfully admin-
istered in good faith by a physician or other person authorized by
law so to do, for any person to use or be under the influence of
opium, morpDine, cocaine, hydrate of chloral, lsonipecaine, amldone,
iso~midone, keto-bemidone, or any other substance neither chemically
nor physically distinguishable from any one of them, or any opiate
or narcotic or derivative thereof. The term "narcotic" as used in
this ordinance shall also mean and include marihuana (canabis sativa).
Section 3. It shall be unlawful for any person not being
registered or licensed as is required by the Federal Act of December
17, 1914, commonly known as the Harrison Act (Sec. 3221, Title 26, Ch.
27, United States Code Annotated) to possess any opium, morphine,
cocaine, hydrate of chloral, isonipecaine, amidone, isosmidone,
keto-bemidone, or any other substance neither chemically nor
physically distinguishable from any one of them, or any opiate or
narcotic or derivative thereof or for any person not registered
or licensed as required by Sections 3230 and 3231, Title 26, Ch.
27, United States Code Annotated to possess marihuana (canabis
sativa) unless ourchased by the possessor thereof UpOn prescription
of a physician or other licensed person by law to dispense such
narcotic or narcotic drug, including marihuana (canabis sativa).
Section 4. It shall be unlawful for any apothecary, pharmacist,
druggist or other person, to sell, give away, exchange, barter or
otherwise dispose of, any opium, morphine, cocaine, hydrate of chloral~
isonipecaine, amidone, isosmidone, keto-bemidone, or any other
substance neither chemically nor ~hysically distinguishable from any
one of them, or any narcotic, the principal ingredient of which is
opium or any narcotic substance or preparation derived in any part
from and containing as principal ingredient any opium, morphine,
cocaine, hydrate of chloral, isonipecaine, amidone, isosmidone,
keto-bemidone, or any other substance neither chemically nor physicall~
distinguishable from any one of them, or any narcotic, to any person
or persons, except to a ~h~sician, surgeon or dentist, for use in
his profession or calling, or upon the written prescription of a
physician or surgeon licensed to issue such prescription; and
unless he shall keep in a suitable and well-bound book, kept and
used for that purpose only, a true and consecutive memorandum record
of every such sale, gift, exchange, barter or disposition, showing
the time when, the place where, the name of the Droprietor or other
person by whom, and the name of the person to whom, the same was
made, and the quantity and kind of narcotic, and the name of the
physician or surgeon upon whose ~rescription the same was made, if
made upon a prescription, and the number of the prescription; and
unless he shall ~lace and keep on file all such ~rescriptions
consecutivel~ numbered. Such book and prescriptions shall be a
public record and shall be o~en at all reasonable times to the
inspection of the manor, the director of health and any accredited
officer of the department of health and sanitation, the chief of
police or any officer, the town attorney, and an~ ~erson specially
authorized by the mayor; and it shall be unlawful for any such
apothecary, pharmacist, druggist or other person to fail or refuse
to exhibit such book and prescriptions to any of the above named
officers upon demand.
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Section 5. It shall be unlawful to prescribe odium, morphine,
cocaine, hydrate of chloral, isonipecalne, amidone, isosmidone,
keto-bemidone, or any other substance neither chemically nor physically
distinguishable from any one of them, or any oolate or narcotic
drug or derivative thereof, in such a manner as to leave the quantity
of the dose or the fre~uenc~ of the taking of any dose to the dis-
cretion of the person to whom such orescriotion is issued; and it
shall be unlawful for any person dispensing any such narcotic or
narcotic drug to furnish the same upon any such prescription.
Section 6. In any prosecution under this ordinance it shall
be competent to prove that any person has in his Oossession any of
the narcotics or narcotic drugs named herein, or their derivatives;
and such possession and the proof thereof shall be prima facie
evidence that said narcotic was so held in violation of the terms
of this ordinance.
Section 7. It is unlawful for any person not acting under
the direction of the director of public health to furnish, or aid
or abet the furnishing of, any opium, morphine, cocaine, hydrate
of chloral, isonipeciane, amidone, Isosmidone, keto-bemidone, or
any substance neither chemically nor Ohyslcally distinguishable
from any one of them, or any opiate or narcotic, or narcotic
derivative thereof, or any of the dangerous drugs mentioned in
Ordinance No. ' to any person confined in the town Jail or
in the custody of the Oolice department.
Section 8. It shall be unlawful for any person, firm,
corDoration or agent, holding, leasing, renting, occupying or having
charge and control of, any building, structure or premises, or room
or rooms therein, to oermit the same to be used as a place of resort
for persons known to be users of narcotics or narcotic drugs; or
to permit therein the unlawful sale, gift or distribution of
narcotics or narcotic drugs; and any such place, or any place which
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is a resort for users of narcotics or narcotic dru~s, is hereby
declared to be a public nuisance, and may be abated as such in the
manner provided by this ordinance.
Section 9. Any building, structure, premises, or room or
rooms therein, constituting a nuisance as defined in this ordinance
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
ordinance of any person found therein at the time of his arrest
may forthwith, and as a part of the same Oroceeding, direct the
chief of police to abate any such Olace as a nuisance; or the
chief of police, upon ascertaining that any such olace is a nuisance
as defined by this ordinance, may proceed to summarily abate the
same. Such abatement shall be effected by closing and securely
locking the place abated and excluding all persons therefrom.
It shall be 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 ordinance, 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 town treasurer
a good and sufficient surety bond, to be aoproved 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 One
Thousand Dollars, payable to the Town of Winslow, conditioned
that such building, structure or premises, or room or rooms therein,
will not thereafter be used in violation of this ordinance; and
that he will pay all fines, cost and damages assessed against him
for any violation of this ordinance; and in case of the violation
of any of the conditions of such bond the whole. amount may be
recovered as a penalty for the use of the Town.
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Section 10. It is unlawful for anyone, not lawfully authorized,
to frequent, enter, be in, or be found in, any place where narcotics,
narcotic drugs or their derivatives are unlawfully used, kept or
disposed of.
Section ll. Any person, firm or corporation who shall violate
or fail to comply with any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine in any sum not to exceed
Five Hundred Dollars, or be imprisone~ for a
term not to exceed six months, or by both such fine and imprison-
ment.
Section 12. This ordinance shall be cumulative to, and of,
existing ordinances and shall not be construed as a repeal or
modification of any other ordinance or oart thereof; but all
such ordinances are continued as in full force and effect as if
this ordinance had not been enacted.
PASSED by the Council of the Town of Winslow, Washington and
approved by its Mayor at a regular meeting of said Council held
this ~] ~ day of ~/~r~-~' , 1968.
ATTEST
Town Cle/r~k
APPROVED AS TO FORM:
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