HomeMy WebLinkAbout5600
ORDINANCE NO.5 6 0 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, ADOPTING RCW 69.50.4121 OF THE REVISED CODE OF
WASHINGTON "DRUG PARAPHERNALIA - SELLING OR GIVING -
PENALTY" BY REFERENCE INCLUDING ALL FUTURE AMENDMENTS OR
ADDITIONS THERETO; AMENDING AUBURN CITY CODE TITLE 9.01
CREATING A NEW SECTION 9.01.1600 ENTITLED "RCW 69.50.4121 -
DRUG PARAPHERNALIA - SELLING OR GIVING - PENALTY."
WHEREAS, pursuant to RCW 35A.11.020, the state legislature has
provided that enforcement ordinances relating to and regulating municipal
affairs, may impose penalties or fines not exceeding five thousand dollars or
imprisonment for any term not exceeding one year, or both, for violation of such
ordinances, constituting misdemeanor or gross misdemeanor violations; and
WHEREAS, the state legislature has provided that each city responsible
for the prosecution, adjudication, sentencing, and incarceration of
misdemeanor and gross misdemeanor offenses committed by adults in their
jurisdictions, and referred from their respective law enforcement agencies,
whether filed under state law or city ordinance, and must carryout these
responsibilities through the use of their own courts, staff, and facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
------------------------------------
Ordinance No. 5600
November 1,2001
Page 1
Section 1. Purpose. The purpose of this Ordinance is as follows: To
amend Auburn City Code Title 9 entitled "PUBLIC PEACE, MORALS, AND
WELFARE" Chapter 9.01 entitled "SPECIFIED CRIMINAL STATUTES
ADOPTED BY REFERENCE" for the purpose of creating a new Section
9.01.1600 ENTITLED "RCW 69.50.4121 DRUG PARAPHERNALIA - SELLING
OR GIVING - PENALTY" for the purpose of being in compliance with all
amendments to the Revised Code of Washington as enacted by the 2001
Washington State Legislative session.
Section 2. Amend Title 9 and Chapter 9.01 of Auburn City Code
creating a new Section 9.01.1600 entitled "RCW 69.50.4121 DRUG
PARAPHERNALlA- SELLING OR GIVING - PENALTY". City of Auburn Title
9 entitled "PUBLIC PEACE, MORALS AND WELFARE" IS HEREBY amended
and Chapter 9.01 entitled "Specific criminal statutes adopted by reference" is
hereby amended by adding a new Section 9.01.1600 entitled "RCW 69.50.4121
Drug Paraphernalia - Selling or Giving - Penalty," as set forth in Exhibit "A"
attached hereto and incorporated herein by this reference.
Section 3. Constitutionality or Invalidity. If any section, subsection,
clause or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity
or constitutionality of the remaining portions of this Ordinance, as it being
----------------------------------
Ordinance No. 5600
November 1,2001
Page 1
hereby expressly declared that this Ordinance and each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed,
adopted and approved and ratified irrespective of the fact that anyone or more
section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 5. Effective Date. This Ordinance shall take effect and be in
force five days after passing, approval and publication as provided by law.
INTRODUCED: November 5, 2001
PASSED: November 5, 2001
APPROVED: November 5, 2001
~~ ~ ~~i£
CHARLES A. BOOTH
MAYOR
------------------------------------
Ordinance No. 5600
November 1, 2001
Page 3
ATTEST:
ç ljJ!
/')~ {J~
Danielle E. Daskam,
City Clerk
Michael J. Reynold,
City Attorney
'f~ !(-I¡~O/
----------------------------------
Ordinance No. 5600
November 1, 2001
Page 1
Exhibit "A"
SECTION 9.01.1600
RCW 69.50.4121
RCW 69.50.4121 entitled "DRUG PARAPHERNALIA - SELLING OR
GIVING - PENALTY" is adopted by reference.
------------------------------------
Ordinance No. 5600
Exhibit "p.:'
November 1, 2001
Page 1