Ordinance 4102ORDINANCE NO.4102
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.14 ECC
("CONTROLLED SUBSTANCES, PARAPHERNALIA,
POISONS AND TOXIC FUMES") TO ADOPT BY
REFERENCE CERTAIN ADDITIONAL WASHINGTON
STATE STATUTES TO ALLOW FOR THE
PROSECUTION OF MISDEMEANORS AND GROSS
MISDEMEANORS; PROVIDING FOR SEVERABILITY;
AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City of Edmonds has adopted certain Washington state statutes
relating to controlled substances, paraphernalia, poisons and toxic fumes by reference in Section
5.14.010 of the Edmonds City Code ("ECC"); and
WHEREAS, the Edmonds Police Department has been informed that the
Snohomish County Prosecuting Attorney's Office will henceforth decline to accept any cases
involving simple possession of Schedule I drugs in quantities of less than 2 grams; and
WHEREAS, in order to prosecute cases of simple possession of Schedule I drugs
in quantities of less than 2 grams, the Edmonds Police Department has recommended the adoption
into the ECC certain state statutes to allow for the prosecution of such cases as misdemeanors or
gross misdemeanors; and
WHEREAS, after review and discussion, the City Council has determined it
appropriate to amend Section 5.14.010 ECC ("State Statutes Adopted by Reference") to adopt
these additional state statutes by reference; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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1. Section 5.14.010 of the ECC State Statutes Adopted by Reference is hereby amended to
read as follows (new text in underline):
5.14.010 State statutes adopted by reference.
A. Effect of Adopting State Statutes by Reference.
1. If an section. subsection sentence or provision of this title or its application
to anyperson or circumstance is held invalid, the remainder of this title, or the
application of the section, subsection, sentence or provision to other persons or
circumstances is not affected, and to this end, the sections, subsections
sentences and provisions of this title are declared to be severable.
2. By adopting state statutes, the city intends to assume jurisdiction over and
become the jurisdictional authority for the enforcement and prosecution of
misdemeanor and gross misdemeanor crimes. Whenever the word "state" shall
Uear in any statute adopted by reference in this title, the word "city" shall be
substituted therefor, provided, however, the term "city" shall not be substituted
for the term "state" in those circumstances which set forth administrative or
licensing duties of the state and its subdivisions.
3. Whenever a state statutespecifically adopted in this title refers to another state
statute not specifically adopted in this title the statute referred to shall be given
the force and effect necessary to enforce the statute specifically adopted in this
title.
4. Any section of this title that is repealed or amended by ordinance shall remain
in full force and effect until the effective date of the ordinance repealing or
amendiM the section. Any state statute that is adopted by reference which is
later amended, repealed, or recodified shall remain in full force and effect until
the effective date of the legislative act that repeals, recodifies or amends the
state statute. The amendment or recodification of any state statute ado ted in
this title shall be given its full force and effect upon the effective date of its
amendment or recodification.
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5. When issuing a citation, information, or complaint for the violation of any
section of the RCW adopted by this title. it shall be sufficient for a
commissioned officer or prosecutor to cite to and refer to the RCW section
number.
B. 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
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine — Possession of more
than fifteen grams — Penalty — Exceptions
69.43.130 Exemptions — Pediatric products — Products exempted by the state board of
pharmacy
69.50.101 Definitions
69.50.102 Drug paraphernalia — Definitions
69.50.201 Enforcement of chapter — Authority to change schedules of controlled
substances
69.50.202 Nomenclature
69.50.204
(c)(22) Schedule I — Marijuana
69.50.309 Containers
69.50.360 Marijuana retailers, employees of retail outlets — Certain acts not criminal or
civil offenses
69.50.363 Marijuana processors, employees — Certain acts not criminal or civil offenses
69.50.366 Marijuana producers, employees — Certain acts not criminal or civil offenses
69.50.412 Prohibited acts: E — Penalties (as amended by 2013 c 3)
69.50.4121 Drug paraphernalia — Selling or giving — Penalty
69.50.420 Violations — Juvenile driving privileges
69.50.425 Misdemeanor violations — Minimum penalties
69.50.445 Opening or consuming package containing marijuana, useable marijuana, or
marijuana -infused product in view of general public — Penalty
69.50.505 Seizure and forfeiture
69.50.506 Burden of proof
69.50.509 Search and seizure of controlled substances
C. Notwithstandin the RCW sections that are specifically adopted by reference in
subsection B of this section, all RCW sections that constitute misdemeanors and
gross misdemeanors and the RCW sections necessary for the investigation, arrest,
prosecution, sentencing, confinement, and enforcement of misdemeanors and gross
misdemeanors are hereby adopted by reference as currently enacted or as hereafter
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amended or recodified from time to time and shall be given the same force and
effect as if set forth herein in full.
D. All class C felony crimes set forth in the RCW are hereby adopted by reference for
the purnoses of charging a gross misdemeanor for a violation of any of the crimes
set forth in Chapter 9A.28 RCW. The adoption of class C felonies shall be subject
to the provisions of subsections A and C of this section.
[Ord. 3912 § 1, 2013; Ord. 3734 § 2, 2009; Ord. 2853 § 16, 1991; Ord. 2531, 1985].
2. 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.
3. Effective Date. This ordinance, being an administrative function of the city council, 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.
APP OVED:
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MAWOR, D VID O. E LING
ATTEST/AUTHENTICATED:
Cill CLERK,S ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FFREY B. TARADAY
FILED WITH THE CITY CLERK: March 16, 2018
PASSED BY THE CITY COUNCIL: March 20, 2018
PUBLISHED: March 25, 2018
EFFECTIVE DATE: March 30, 2018
ORDINANCE NO. 4102
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SUMMARY OF ORDINANCE NO.4102
of the City of Edmonds, Washington
On the 20th day of March, 2018, the City Council of the City of Edmonds, passed
Ordinance No. 4102. A summary of the content of said ordinance, consisting of the title, provides
as follows:
ORDINANCE NO.4102
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.14 ECC
("CONTROLLED SUBSTANCES, PARAPHERNALIA,
POISONS AND TOXIC FUMES") TO ADOPT BY
REFERENCE CERTAIN ADDITIONAL WASHINGTON
STATE STATUTES TO ALLOW FOR THE
PROSECUTION OF MISDEMEANORS AND GROSS
MISDEMEANORS; PROVIDING FOR SEVERABILITY;
AND SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 21 St day of March, 2018.
CI CLE , SC ASSEY
rem
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH801191ORDINANCE
4102-4103 as it was published in the regular
and entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
03/25/2018 and ending on 03/25/2018 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$49.88 ci�—j
'b UM --
Subscribed and sworn before me on this
day of
Notarg Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
Linda Phillips
Notary Public
M State of Washirlt0e '
YAppoinwent ex0res 081ZgI202i
CLASSIFIED ADVERTISING
ORDINANCE SUMMARY
pI the Clty M Edmdnd% Washington
On the 20th day of March. 2018, Ihp Glty Cpuncll or th0 City
of
Edmonds, passed the rottawing Ordinances, the summaries of the
cnntenl 0f sold ordinances cansisling of titles are provided as
iollowa:
ORDINANCE NO.4102
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.14 ECC
C.CONTFIOLLED SUBSTANCES, PARAPHERNALIA,
POISON$ AND TOXIC FUMES"] TO ADOPT BY
REFERENCE CERTAIN ADDITIONAL WASHINGTON
STATE STATUTES TO ALLOW FOR THE PROSECUTION
OF MISDEMEANORS AND GROSS MISDEMEANORS;
PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE
ORDINANCE NO.4103
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, APPROVING AND AUTHORIZING THE
MAKING OF LOANS TO THE EDMONDS PUBLIC
FACILITIES DISTRICT; AUTHORIZING THE EXECUTION
AND DELIVERY OF A CONTINGENT LOAN AGREEMENT
AND RELATED DOCUMENTS; AUTHORIZING CERTAIN
OTHER ACTIONS IN CONNECTION THEREWITH; AND
FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE
The full text of these Ordinances will be mailed upon request.
DATED this 21 st day of M=h, 2019.
CITY CLERK, SCOTT PASSEY
Published: March 25, 2013. EDHpp t 191I