Visalia Municipal Code Ch. 12.56 City Parks as Drug Free Zones

The purpose of this section is to prohibit the possession or sale of illegal drugs in the city parks by designating the parks "drug free zones" and implementing California Health and Safety Code Section 11380.5 (hereinafter 11380.5). (Ord. 9905 § 1 (part), 1999)

"Drug free zone" as used in this chapter means all parks/recreation areas, including adjacent public parking lots and sidewalks, used by the public within boundaries of the city limits of the city, and which are owned, operated and/or maintained by the city.

"Illegal drugs" as used in this chapter means heroin, cocaine, cocaine base, methamphetamine, or phencyclidine (PCP). (Ord. 9905 § 1 (part), 1999)

Any person possessing and/or selling illegal drugs in a city drug free zone shall be guilty of violating this chapter and, upon conviction thereof, shall receive a penalty in addition to that received for the illegal possession and/or sale unless that person receives an exemption from such additional penalty. (Ord. 9905 § 1 (part), 1999)

Any violation of this chapter shall impose an additional one-year prison sentence to the punishment for the conviction of possession or sale of illegal drugs. (Ord. 9905 § 1 (part), 1999)

A person may be exempt from this chapter only if one of the following is applicable:

A. If the allegation pursuant to 11380.5 is not included in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact;

B. If any other additional punishment is imposed pursuant to California Health and Safety Code Sections 11353.1, 11353.5, 11353.6, 11353.7 or 11380.1; or

C. The court strikes the additional punishment because it has determined there are circumstances in mitigation of the additional punishment and states on the records its reason for striking the additional punishment. (Ord. 9905 § 1 (part), 1999)

It is the intention of the city council that the subsections, paragraphs, sentences, clauses and phrases of this chapter are distinct and severable and, in the event that any subsections, paragraphs, clauses, and/or phrases are declared unconstitutional, invalid or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity or enforceability shall not affect any of the remaining subsections, paragraphs, clauses or phrases of this chapter. (Ord. 9905 § 1 (part), 1999)