Rev. 1 Agenda #2263

Sub. 1 Ordinance 04-059

Sponsors:

Council President Blunt

Council Member Bolden

Public Safety Committee

Council Members Bolden, Griffiths, K. Kelley, Brady, Potter, Bartkowski

AN ORDINANCE TO AMEND CHAPTER 36 OF THE CITY CODE REGARDING THE PUBLICATION OF PICTURES OF THOSE ARRESTED FOR PURCHASING AND SELLING ILLEGAL DRUGS

WHEREAS, the City Council is concerned that the purchase and sale of narcotics within the city have serious adverse impacts on the citizens and businesses within the City of Wilmington; and

WHEREAS, the City Council seeks to discourage purchasers and sellers of illegal drugs and to eliminate their harmful effects by authorizing the Wilmington Police Department to issue for publication the names, addresses and photographs of those arrested for purchasing and/or selling illegal drugs within the City of Wilmington; and

WHEREAS, the City Council declares that the related illegal drug activities within the city are a threat to the health, safety and welfare of the City of Wilmington's citizens and businesses, and that such activities constitute a grave public nuisance.

THE COUNCIL OF THE CITY OF WILMINGTON HEREBY ORDAINS:

SECTION 1. Chapter 36 of the City Code is hereby amended by adding a new Section 36-98 to read as follows:

Sec. 36-98. Publishing photographs and information of those arrested for the purchase and sale of illegal drugs.

(a) The Wilmington Police Department is authorized to publish information and photo identification of those adult persons arrested for the purchase and/or sale of illegal drugs within the City of Wilmington;

(b) Upon each arrest of any adult person arrested within the City of Wilmington upon any violation of 16 Del. C. Sections 4751, 4752, 4753,4753A, 4754, 4767, 4768, and/ or Wilmington City Code Section 36-94, the city shall authorize or otherwise release for publication in any newspaper of general circulation, or display on the internet, the cable television station or any other media deemed appropriate, the photograph, name and city or county of residence of the individual so arrested;

(c) The Wilmington Police Department may withhold access to the photograph and related information if the agency determines that access will adversely affect an active investigation;

(d) The Wilmington Police Department shall issue weekly press releases of the photograph, name and city or county of residence of each adult individual arrested, for publication, and shall provide the Public Safety Chair with a monthly report containing the information provided pursuant to this section; and

(e) The Wilmington Police Department shall catalog the number of arrests within a twelve (12) month period, identifying the specific number of purchasers and sellers and whether the person arrested was a first time or subsequent offender. The catalog shall be kept for 12 months from the effective date of this ordinance.

SECTION 2. This Substitute Ordinance shall become effective upon its passage by the City Council and approval by the Mayor.

SYNOPSIS: This Substitute Ordinance amends Chapter 36 of the city code regarding the publication of information and identification of persons arrested for purchasing and/or selling illegal drugs within the City of Wilmington.