Washington Code 10.66.010 – Definitions
Current as of: 2023 | Check for updates
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
Terms Used In Washington Code 10.66.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) “Applicant” means any person who owns, occupies, or has a substantial interest in property, or who is a neighbor to property which is adversely affected by drug trafficking, including:
(a) A “family or household member” or “intimate partner” as defined in RCW 7.105.010, who has a possessory interest in a residence as an owner or tenant, at least as great as a known drug trafficker’s interest;
(b) An owner or lessor;
(c) An owner, tenant, or resident who lives or works in a designated PADT area; or
(d) A city or prosecuting attorney for any jurisdiction in this state where drug trafficking is occurring.
(2) “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.
(3) “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.
(4) “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.
(5) “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, or parks and parking areas within the area described using the streets as boundaries.
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.