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1049 State Ave. * Marysville, Washington 98270 * (360) 363-8000 * web: marysvillewa.gov Office of the Mayor News Release FOR IMMEDIATE RELEASE: Mayor Jon Nehring, (360) 363-8000 [EMAIL REDACTED] Police Chief Rick Smith, (360) 363-8300 [EMAIL REDACTED] Feb. 17, 2012 City Council adopts Stay Out of Drug Area downtown; coercive panhandling and lewd conduct ordinances MARYSVILLE – The City Council on Feb. 13 adopted new laws establishing a “Stay Out of Drug Area” downtown to deter drug-related criminal activity and impose stiffer penalties on repeat offenders, and amended existing laws aimed at reducing aggressive panhandling and lewd conduct in public places. The SODA zone and amended laws are in response to a growing perception among business owners, residents and park-goers that downtown is an unsafe place, at a time when city leaders are ramping up downtown and waterfront revitalization, Mayor Jon Nehring says. “These proactive measures are the first steps in an initiative aimed at providing a safer, cleaner and more inviting downtown, and keeping our momentum going on downtown revitalization,” Nehring says. “We want to send a clear message to residents and business owners that we getting tougher on drug trafficking and other criminal behavior in our downtown district, and it won’t be tolerated,” he said. “These new laws will give our police and judges new tools to enforce and dispense our laws to the fullest.” The SODA ordinance establishes the designation of an anti-drug activity area within the downtown based on citizens and business complaints, crime data and police observations, and sets the conditions under which defendants charged or convicted on drug-related offenses in Marysville Municipal Court can be barred for two years or more from the SODA area, and subject to contact or re-arrest if they ignore the “stay out” court order, Lt. Darin Rasmussen said. The “stay out” zone encompasses 1st north to 9th Street and from Ash Avenue along I-5 east to Alder, an area that accounts for more than 20 percent of drug-related crime in Marysville, yet geographically represents only 2 percent of the city, which covers about 21 square miles, said Cmdr. Robb Lamoureux. Testimony shared at the public hearing included crime data and observed suspicious or criminal activity by police and parks personnel. The SODA area leads Marysville in a variety of tracked crimes including theft, burglary, vehicle prowls, assaults, Crime Analyst Don Castanares said. Citywide, drug-related cases increased 22 percent between 2010 and 2011, from 418 to 511, ---PAGE BREAK--- 1049 State Ave. * Marysville, Washington 98270 * (360) 363-8000 * web: marysvillewa.gov while arrests grew 36 percent from 337 to 459. At the same time, drug-related cases in the SODA zone increased 12 percent from 76 to 85, but accounted for 93 of the 459 drug-related arrests in 2011. “That means that the SODA area is responsible for 20 percent of all drug-related arrests,” Castanares said. Geographically, “That’s a pretty significant amount considering that the SODA area is (2 percent) of Marysville.” Officer Jon Elton is a member of the Police force’s NITE Team, a pro-active group of officers that focus on neighborhood livability by targeting and resolving high-volume criminal activity that includes narcotics arrests and investigations. “For the team, this (SODA) area is our main area of focus that we emphasize every single day when we come to work,” said Elton. He raised the idea a year ago for establishing a SODA zone while elected officials sought solutions to address crime, code enforcement and general unattractiveness downtown. From intelligence gathered through controlled buys and confidential informants, first-hand observation of numerous drug transactions by him, the NITE team and fellow officers, as well as crime data, the obvious boundaries for the SODA zone are clear. The high drug-trafficking hot spots are Beach Avenue at 2nd and 4th Streets, and Comeford Park at 5th and Delta. The stops along Beach are appealing to drug traffickers because of easy access to and from I-5. Maryke Burgess, Recreation Coordinator at the Community Center in Comeford Park, said the park is a wonderful place for families, children and senior citizens, especially since improvements like the Rotary Gazebo were installed a few years ago. However, since 2010 she has seen a noticeable rise in teens and at-risk youth loitering in groups after school hours, suspicious behavior such as hand maneuvers and exchanges that could suggest drug or gang activity, and frequent trips back and forth to parked vehicles and public restrooms. “This activity has created an intimidating environment, at times, to families with young children there to enjoy the park,” Burgess said. In one instance, she said she saw a young girl inhaling from an aerosol can under the playground slide pass out in front of her as Burgess approached. She summoned an aid car to treat and transport the girl. Mayor Nehring urged residents and workers in the SODA to help by calling 911 when observing suspicious activity or perceived criminal behavior. “It is important to report these types of activity going forward so that we can establish a more thorough record of illegal or inappropriate behavior downtown,” he said. In related matters, Council members amended the City’s existing aggressive panhandling ordinance. The law bans begging with the intent to coerce or intimidate a person into giving money or goods, and prevents interfering or blocking people on foot or in a vehicle that causes them to need to take evasive action to avoid physical contact. Police were quick to emphasize that the general activity of panhandling as most drivers and pedestrians observe it is protected, constitutional free speech. When it crosses the line as outlined in the city code, that’s when it becomes a crime. Coercive solicitation is a misdemeanor that carries a fine of up to $1,000 and 90 days in jail. ---PAGE BREAK--- 1049 State Ave. * Marysville, Washington 98270 * (360) 363-8000 * web: marysvillewa.gov Council also added a new section for lewd contact to the penal code that covers public indecency, prostitution and sex crimes. An individual is guilty of the misdemeanor of lewd conduct if they intentionally perform lewd acts in a public place where their activity is visible to the public. The crime includes exposure of private parts and inappropriate touching or overt sexual acts, simulating certain of those same acts, public urination or other activities in a manner that is likely to cause reasonable affront or alarm. Nehring commended the Police and Legal departments for their hard work delivering a package of laws that will satisfy constituent concerns and survive constitutional challenges, and the Councilmembers for approving them. “Our key focus with all of these laws is the safety of our citizens - both pedestrians and drivers, business owners, and visitors who come to Marysville to enjoy our parks, downtown, and shopping.” VUCSA – federal Violation of the Uniform Controlled Substance Act