Ordinance 27180006.160.070
RPB/tw
05/16/89
ORDINANCE NO. 2718
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
PRESCRIBING ADDITIONAL PENALTIES FOR CONTROLLED
SUBSTANCES VIOLATIONS AS REQUIRED BY STATE LAW,
CONTAINING A SEVERABILITY CLAUSE AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the Edmonds City Council recognizes that the
Washington State Legislature has preempted the area of penalties
imposed for misdemeanor violations involving controlled
substances, and
WHEREAS, revisions to the controlled substance penalty
provisions are necessary to make the city provisions consistent
with state laws, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Subsections (A)(3) and (A)(4) of Edmonds
City Code Section 5.50.020 are hereby renumbered as subsections
(A)(4) and (A)(5) and there is hereby added a new section (A)(3)
to read as follows:
3. In addition to the penalty provisions set
forth in this section, a person who is
convicted of a misdemeanor violation of
any provision of RCW 69.50 adopted by
reference shall be punished by
imprisonment for not less than twenty-four
consecutive hours, and by a fine of not
less than two hundred fifty dollars. On a
second or subsequent conviction, the fine
shall not be less than five hundred
dollars. These fines shall be in addition
to any other fine or penalty imposed.
Unless the court finds that the imposition
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of the minimum imprisonment will pose a
substantial risk to the defendant's
physical or mental well-being or that
local jail facilities are in an
overcrowded condition, the minimum term of
imprisonment shall not be suspended or
deferred. If the court finds such risk or
overcrowding exists, it shall sentence the
defendant to a minimum of forty hours of
community service. If a minimum term of
imprisonment is suspended or deferred, the
court shall state in writing the reason
for granting the suspension or deferral
and the facts upon which the suspension or
deferral is based. Unless the court finds
the person to be indigent, the minimum
fine shall not be suspended or deferred.
Section 2. 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 3. 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 the attached approved summary.
ATTEST/AUTHENTICATED:
CIT# CLERK, JACQUELINE G. PARRETT
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 5-441'89
PASSED BY THE CITY COUNCIL: 6 , UO ' 01
PUBLISHED: 6 /25/89
EFFECTIVE DATE: 6/30/89
ORDINANCE NO. 2718
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
I the.title. prOW305 as 1 W.—r
AN ORDINANCE OF THE
cIT'Y OFY-DMOI DS ' G
TON
1 CONTROLLED PENALTIESADD INAL SUBSTANCES
I VIOLATIONS AS REQUIRED BY
STATE LAW CONTAINING A
SEVERABILI Y CLAUSE AND
SETTING AN EFFECTIVE
DATE.
wl1V EetnielE xi of d upanlrouuest.
tice
DATED.ihis Qpfh day ofJune,
M9.
JAC�JUELSNE G. PARRETT
CItY Clerk
PublishadJune 2i, 1989.
--
SS.
Affidavit of Publication
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 newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
_.Ordinance..No....2718
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
June 25, 1989
and that said newspaper was regularly distributed to its subscribers
during all of said period.
a '
Principal Clerk
Subscribed and sworn to before me ihis5th
dayof ........... J-1dXis...... ................. ............................., ......6.9
f Notary Public'in an&ior the State of Washington,
residing at Everett, Snohomish County.
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