Ordinance 3734ORDINANCE NO. 3734
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CONCERNING ADOPTION OF CERTAIN
CRIMINAL OFFENSES CONSISTENT WITH THE STATE
CRIMINAL STATUTES; PROVIDING FOR SEVERABILITY;
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the Municipal Court of the City of Edmonds ( "Municipal Court")
has jurisdiction to adjudicate misdemeanor and gross - misdemeanor offenses ( "Non- felony
Offenses "), but only if they violate City ordinance or the Edmonds City Code (`BCC "); and
WHEREAS, Non - felony Offenses that violate state statute, but are not adopted as
City ordinance or in the ECC have to be submitted to the Snohomish County District Court
( "District Court"); and
WHEREAS, the City does not presently have an interlocal agreement with the
District Court to process or adjudicate Non - felony Offenses committed in the City; and
WHEREAS, Non - felony Offenses committed in the city may go unprosecuted if
they are not adopted as part of City ordinance and prosecuted in Municipal Court; and
WHEREAS, the City has in the past adopted, by reference or verbatim, Non-
felony Offenses in the Revised Code of Washington ( "RCW ") into the ECC as authorized under
RCW 35A.11.020; and
WHEREAS, the City of Edmonds Police Department has identified additional
Non - felony Offenses in the RCW that would benefit law enforcement and prosecution in the City
if adopted into the ECC; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. Amended. ECC 5.12.010, Conduct prohibited. is hereby amended to
read as follows:
5.12.010 Conduct prohibited.
The following statutes of the state of Washington, including all
future amendments, are adopted by reference as if set forth in full
herein:
RCW 9.91.060 Leaving children unattended in parked automobile
RCW 9A.44.096 Sexual misconduct with a minor in the second
degree
RCW 9.68A.01 I Definitions
RCW 9.68A.080 Reporting of depictions of minor engaged in
sexually explicit conduct - Civil immunity
RCW 9.68A.090(1) Communicating with minor for immoral
purposes - Penalties
RCW 9.68A.110(1),(2),(3) Certain defenses barred, permitted
RCW 9.68A.120 Seizure and forfeiture of property
RCW 9.68A.130 Recovery of costs of suit by minor
RCW 9.68A.150 Allowing minor on premises of live, erotic
performance
Section 2. Amended. ECC 5.14.010, State statutes adopted by reference. is
hereby amended to read as follows:
5.14.010 State statutes adopted by reference.
The following statutes of the state of Washington, including all
future amendments, are adopted by reference as if set forth in full
herein:
RCW 69.43.110 Ephedrine, pseudoephedrine,
phenylpropanolamine - Sales restrictions - Penalty
RCW 69.43.120 Ephedrine, pseudoephedrine,
phenylpropanolamine - Possession of more than fifteen grams -
Penalty - Exceptions
RCW 69.43.130 Exemptions - Pediatric products - Products
exempted by the state board of pharmacy
RCW 69.50. 101 Definitions
RCW 69.50.102 Drug paraphernalia — Definitions
RCW 69.50.201 Authority to control
RCW 69.50.202 Nomenclature
RCW 69.50.204(c)(14) Schedule I — Marijuana
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RCW 69.50.309 Containers
RCW 69.50.412 Prohibited acts: E — Penalties
RCW 69.50.420 Juvenile driving privileges
RCW 69.50.425 Minimum penalty
RCW 69.50.505 Seizure and forfeiture
RCW 69.50.506 Burden of proof
RCW 69.50.509 Search and seizure of controlled substances
Section 3. Adopted. A new ECC 5.14.015, Possession of legend drug without
prescription or order prohibited. is hereby adopted to read as follows:
5.14.015 Possession of legend drug without prescription or
order prohibited.
1. The definitions set forth in RCW 69.41.010 shall apply to terms
in this section.
2. It shall be unlawful for any person to possess any legend drug
except upon the order or prescription of a physician under chapter
18.71 RCW, an osteopathic physician and surgeon under chapter
18.57 RCW, an optometrist licensed under chapter 18.53 RCW
who is certified by the optometry board under RCW 18.53.010, a
dentist under chapter 18.32 RCW, a podiatric physician and
surgeon under chapter 18.22 RCW, a veterinarian under chapter
18.92 RCW, a commissioned medical or dental officer in the
United States armed forces or public health service in the discharge
of his or her official duties, a duly licensed physician or dentist
employed by the veterans administration in the discharge of his or
her official duties, a registered nurse or advanced registered nurse
practitioner under chapter 18.79 RCW when authorized by the
nursing care quality assurance commission, an osteopathic
physician assistant under chapter 18.57A RCW when authorized
by the board of osteopathic medicine and surgery, a physician
assistant under chapter 18.71A RCW when authorized by the
medical quality assurance commission, a physician licensed to
practice medicine and surgery or a physician licensed to practice
osteopathic medicine and surgery, a dentist licensed to practice
dentistry, a podiatric physician and surgeon licensed to practice
podiatric medicine and surgery, or a veterinarian licensed to
practice veterinary medicine, in any province of Canada which
shares a common border with the state of Washington or in any
state of the United States: PROVIDED, HOWEVER, That the
above provisions shall not apply to sale, delivery, or possession by
drug wholesalers or drug manufacturers, or their agents or
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follows:
employees, or to any practitioner acting within the scope of his or
her license, or to a common or contract carrier or warehouseman,
or any employee thereof, whose possession of any legend drug is
in the usual course of business or employment: PROVIDED
FURTHER, That nothing in this chapter or chapter 18.64 RCW
shall prevent a family planning clinic that is under contract with
the department of social and health services from selling,
delivering, possessing, and dispensing commercially prepackaged
oral contraceptives prescribed by authorized, licensed health care
practitioners.
3. This section shall not prevent a medicare- approved dialysis
center or facility operating a. medicare - approved home dialysis
program from selling, delivering, possessing, or dispensing directly
to its dialysis patients, in case or full shelf lots, if prescribed by a
physician licensed under chapter 18.57 or 18.71 RCW, those
legend drugs determined by the board pursuant to rule.
4. A violation of this section is a misdemeanor.
Section 4. Amended. ECC 5.14.050, Steroids. is hereby amended to read as
5.14.050 Steroids.
The following statutes of the state of Washington, including all
future amendments, are adopted by reference as if set forth in full
herein:
RCW 69.41.300 Definitions
RCW 69.41.320 Practitioners — Restricted use — Medical records
RCW 69.41.350(1) Penalties
Section 5. Adopted. A new ECC 5.46.080, Practice without license. is hereby
adopted to read as follows:
5.46.080 Practice without license.
Unlicensed practice of a profession or operating a business for
which a license is required by the chapters specified in RCW
18.130.040, unless otherwise exempted by law, constitutes a gross
misdemeanor for a single violation.
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Section 6. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 7. Effective Date. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum and shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
APPROVED:
— /' � 424�—'
MAYOR G Y HAAKENSON
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF RNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 04/17/2009
PASSED BY THE CITY COUNCIL: 04/21/2009
PUBLISHED: 04/26/2009
EFFECTIVE DATE: 05/01/2009
ORDINANCE NO. 3734
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SUMMARY OF ORDINANCE NO. 3734
of the City of Edmonds, Washington
On the 21 st day of April, 2009, the City Council of the City of Edmonds,
passed Ordinance No. 3734. A summary of the content of said ordinance, consisting of
the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CONCERNING ADOPTION OF
CERTAIN CRIMINAL OFFENSES CONSISTENT WITH
THE STATE CRIMINAL STATUTES; PROVIDING FOR
SEVERABILITY; AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 22nd day of April, 2009.
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH f S.S.
On the 21st
monds, passe
said ordin ance
AN ORDIN/
r. nnnh
The full text of this Ordii
DATED this 22nd day o
Published: April 26,2009.
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
e M newspaper by order of the Superior Court of Snohomish County and that the notice
- Summary of Ordinance No. 3734
Concernin Ado tion of Cert ' C i ' 1 Off
\NCE NO. 3734
g p am nmtna enses
Washington
City Council of the :City of Ed- ..
A,summary of the.., ntent of
pprovide "s as follows:
iF EDMONDS, WASHING -
OF CERTAIN: CRIMINAL _
t THE STATE CRIMINAL
a printed copy of which is hereunto attached, was published in said newspaper proper and not
VERABILITY; AND FIXING
BECOME EFFECTIVE
in supplement form, in the regular and entire edition of said paper on the following days and
e mailed upon request.
times, namely:
3.
CLERK, SANDRA S. CHASE
April 26, 2009
ECTE V ED
MAY 4 1.2009
EDMONDS CITY CLERK
Account Name: City of Edmonds
and that said newspaper was regularly distributed to its subscribers during.all of said period.
V v
Subscribed and sworn to before me this 4th
day of May, 2009
Notary Public in lqd for
County.
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Number: 0001646440