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Ordinance 3912AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF EDMONDS CITY CODE CHAPTER 5.14 RELATING TO CONTROLLED SUBSTANCES, PARAPHERNALIA, POISONS AND TOXIC FUMES, ESTABLISHING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Edmonds municipal code chapter 5.14 entitled, "Controlled Substances, Paraphernalia, Poisons and Toxic Fumes," incorporates by reference certain state statutes concerning Controlled Substances; WHEREAS on December 6, 2012, Sam Reed, the Washington Secretary of State, certified the results of the 2012 elections; and WHEREAS, Initiative Measure No. 502 ("I-502"), an Act Relating to Marijuana creates amends state law by changing certain criminal penalties for violation of state law; and WHEREAS, I-502 has been codified within Chapter 69.50 of the Revised Code of Washington; and WHEREAS, the Edmonds City Council desires to amend chapter 5.14 by incorporating by reference the codified portions of I-502 which are relevant to the City of Edmonds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1: ECC Section 5.14.010 entitled, "State statutes adopted by reference" is hereby amended to read as follows (new text is shown in underline; deleted text is shown in 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: 1 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 Authority to eentfe' Enforcement of chapter — Authority to change schedules of controlled substances. 69.50.202 Nomenclature 69.50.204 (c)(1422) 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, Emplo e�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 Ppenalt}ies 69.50.445 Opening, or consuining_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 Section 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. Section 3. 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. APPR MAYOR DAVID O. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY J FFREY B. TARADAY FILED WITH THE CITY CLERK: 02-22-2013 PASSED BY THE CITY COUNCIL: 02-26-2013 PUBLISHED: 03-03-2013 EFFECTIVE DATE: 03-08-2013 ORDINANCE NO. 3912 SUMMARY OF ORDINANCE NO.3912 of the City of Edmonds, Washington On the 261h day of February, 2013, the City Council of the City of Edmonds, passed Ordinance No. 3912. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF EDMONDS CITY CODE CHAPTER 5.14 RELATING TO CONTROLLED SUBSTANCES, PARAPHERNALIA, POISONS AND TOXIC FUMES, ESTABLISHING SEVERABILITY AND AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 27`h day of February, 2013. 4814-7443-2018,v. 1 4 CITY CLERK, SANDRA S. CHASE STATE OF WASHINGTON, COUNTY OF SNOHOMISH 9UMMAI7Y tF OR€ INAN NO, 4912 OF ft City of Edmondfi. Wa*lington On the 26th clay of February. 2013, the City Council of the City of Edmonds, ed OrdRnanc;a No. 3512. A summary of We Content of said o rrws e, consisting of the We, provides as tollam: AN ORDINANCE OF THE CITY OF EDMONDS. WASHiNGTON. AMENDING THE PROVISIONS OF EDMONDS CnY Ct]pE CHAPTER 5.14 RELATING TO CONTROLLED SUBSTANCES, PARAPHERNALIA. POISONS AND TOXIC FUMES, ESTASUSHING SEVERABILITY AND AN EFFECTIVE DATE. The full text of ti41a Ordiriamo will be madeU upon request. DATED lftis 27th day of February. 2013_ Published: March 3, 2013. CITY CLERK. SANDRA S. CHASE Account Name: City of Edmonds Affidavit of Publication S.S. 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 Summary of Ordinance No. 3412 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: March 03, 2013 and that said newspaper was regularly distributed to its subscribers during all of said period. IZ r Subscribed and swom to before me this day of _ March, 2013 Notary Public in and for the State of Washington, County. Account Number: 101416 4th UN 1D t` °' 1 ingLEverettlSihohomisli LIC �20'16 �C i Order Number: 0001812234