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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: -1- 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. -2- 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 -3- 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: ox- 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 -5- 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