No more hanging out, proposed law warns
Wed, 03/01/2006
Unless the public voices any opposition at the next city council meeting on March 7, "hanging out" will soon be a crime in Federal Way.
An amendment to city code regarding "drug-related loitering" is up for a second and final reading. If the city council passes the ordinance, the new law will go into effect within a couple of weeks.
Article IV of the Federal Way City Code will be amended to read, in part: "It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near ay public or private place in a manner and under circumstances manifesting the intent to engage in drug-related activity..."
In other words, if you're hanging out on a street corner for no apparent reason, the FWPD could arrest you and the Federal Way prosecutor's office will now have the means to press charges.
Those arrested under the new code could be charged with a misdemeanor and face 90 days in jail and a fine up to $1000.
"The police are trying to clean up Pacific Highway South," said Aaron Walls, chief prosecutor for Federal Way. "This will make it easier for them to pick up people who are hanging out trying to sell drugs."
The amended code states that people loitering in "areas or premises....known by law enforcement to be an area of unlawful drug use and trafficking, known either by public reputation or by reports...of suspected drug activity."
"The police department sees (the prospective ordinance) as a valuable tool to enable the officers to do their job easier," said Stacy Flores of the FWPD.
"But keep in mind we see it as education first, then enforcement."
When asked how citizens will know if they are breaking the law, Flores said that the FWPD will conduct a PR campaign; providing information about the new laws in newspapers, at community events, and on their website.
"There hasn't been any opposition," to the loitering law, said Patricia Richardson, the city attorney for Federal Way. "Of course, the court will determine if a crime has been committed, but if someone has a history of behaving in such a manner [of loitering], the new law is designed to help law enforcement authority for suspected drug activity," said Richardson.
Also up for passage by the city council are three other ordinances that will facilitate the city attorney's office with prosecution; one deals with counterfeiting and the other two with vehicular incidents.
"We're adopting state statute regarding counterfeiting and trademark and copyright infringement, such as copying and selling CDs and DVDs, etc. There was a case last year that because we didn't have the law included in the City Code, we were unable to prosecute," explained Richardson. Richardson was unable to discuss the specific case with the Federal Way News.
Richardson, however, was able to discuss the upcoming changes in vehicular assault law. It is currently a felony to cause death or serious bodily harm by driving in a knowingly reckless manner, such as by road-rage or racing. But if a driver accidentally causes death, it will be a gross misdemeanor, with a penalty of up to a year in jail and up to $5,000 in fines.
It will soon also be a gross misdemeanor in Federal Way if a driver leaves the scene after a collision with a pedestrian. If the ordinance is passed by the city council, the city demands that the offending driver stop immediately, provide their name, address, insurance company, insure policy number and vehicle license number. They must also make sure the victim gets to the nearest hospital and then go to the police department to file a report.
"It might seem like a given," said Aaron Walls, "but we've had cases where someone hit someone else and just drove away. Now, hopefully, we'll be able to prosecute such cases"