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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: ( B FP719413. DOC;2/00006.900160/ ) 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 { BFP719413. DOC;2 /00006.900160/} 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 { B FP719413. DOC;2/00006.900160/ } 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. IBFP719413. DOC;2/00006.900160/} 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 { BFP719413. DOC;2/00006.900160/} 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 { BFP719413. D0Q2/00006.900160/} 6 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. Q(��'d- Account Number: 101$16 % 0. ~ OF G NNa'1`o'f W19; Snohomish Number: 0001646440