Bothell Sound

Public Safety · Sep 2, 2025

Drug loitering ordinance rewrite was on Sept. 2 council agenda after court ruling

Ahead of the Sept. 2, 2025 meeting, Bothell's council agenda listed a proposed ordinance rewriting the city's drug loitering rules, which police said was needed after a June court ruling struck down the existing definition 1.

What the records say

The Sept. 2, 2025 Bothell City Council agenda included item AB #25-149, an ordinance amending BMC Ch. 9.04, Stay Out of Drug Areas, including the drug loitering prohibition at BMC 9.04.070 1. The agenda bill, presented by Police Chief Ken Seuberlich, states that in June 2025 a pro-tem municipal court judge overturned the City's existing definition of drug loitering, and that police worked with the City's legal team on revisions to address the issues raised by the ruling 1. The attached draft ordinance would replace the definition of 'loiter' in BMC 9.04.010(H) and rewrite BMC 9.04.070(A)-(C), listing circumstances — such as the location, vehicle registration, flight from an officer, or possession of drug paraphernalia — that may be considered in determining whether a person is loitering for drug-related purposes 1. The recommended action was to approve the ordinance 1. Because this is pre-meeting material, the record does not establish whether the council considered, amended, or adopted the ordinance on Sept. 2.

  • The Sept. 2, 2025 agenda listed AB #25-149, an ordinance amending BMC Ch. 9.04, Stay Out of Drug Areas, with a recommended action to approve it 1.
  • The agenda bill states a pro-tem municipal court judge overturned the City's existing drug loitering definition in June 2025, prompting the proposed revisions 1.
  • The draft ordinance would replace the definition of 'loiter' in BMC 9.04.010(H) and rewrite BMC 9.04.070(A)-(C), including a list of circumstances that may indicate a purpose to engage in drug-related activity 1.
  • The ordinance would take effect 30 days after passage and publication, if adopted 1.

Why it matters

Drug loitering is a misdemeanor rule governing when police may act against people lingering in areas suspected of drug activity 1. Analysis: If adopted as drafted, the rewrite would change the legal standard officers apply after a court invalidated the prior definition, which affects both enforcement in commercial areas and neighborhoods and the rights of people subject to it. Residents can read the full proposed text in the agenda packet 1.

What changed / what's next

  • The agenda proposed replacing the City's drug loitering definition and prohibition language in BMC Ch. 9.04 following a June 2025 court ruling 1.
  • The supplied records do not establish whether the council adopted, amended, or tabled the ordinance on Sept. 2, 2025; check subsequent minutes or the adopted ordinance for the outcome.
  • If adopted as drafted, the ordinance takes effect 30 days after passage and publication 1.
  • The available records do not establish the meeting's outcome.