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HomeMy WebLinkAbout6753 ORDINANCE NO. 6753 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO PENALTIES FOR DRUG CRIMES AND AMENDING SECTIONS 9.22.010 AND 9.22.020 OF THE AUBURN CITY CODE WHEREAS, RCW 69.50.608 requires that city controlled substances crimes, and their associated penalties, be consistent with state crimes and penalties concerning the same matters; and WHEREAS, the mandatory minimum penalties in the Auburn City Code for possession of drug paraphernalia and crimes related to marijuana are inconsistent with the state penalties for the same crimes; and WHEREAS, staff recommends that the City amend its penalties for controlled substance crimes to be consistent with those of the state's. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Sections 9.22.010 and 9.22.020 of the Auburn City Code are amended to read as shown in Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6753 November 4, 2019 Page 1 of 5 Rev.2019 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: 1i > 2019 PASSED: DEC U 2 20TH APPROVED: DEC U 2 2019 XINItiliNd—NCYBA S, MAY ATTEST: APP';V P A TO FORM: ate ± Shawn Campbell, MMC, City Clerk Steven L. Gross, City Attorney Published: ` t t4 .1W 6i IA 601441.1 Ordinance No. 6753 November 4, 2019 Page 2 of 5 Rev.2019 EXHIBIT A 9.22.010 Controlled substances prohibited A. Restrictions on Marijuana. 1. Except as otherwise authorized by United States Code (USC) Title 21, Chapter 69.50 or 69.51A RCW, it is unlawful for any person to knowingly grow, manufacture, process, deliver, or sell marijuana. 2. Except as otherwise authorized by Chapter 69.50 or 69.51A RCW, it is unlawful for any person aged 21 or older to knowingly possess marijuana in an amount that violates RCW 69.50.4013(3). 3. Except as otherwise authorized by Chapter 69.50 or 69.51A RCW, it is unlawful for any person under age 21 to knowingly possess marijuana in any amount. 4. "Marijuana," also known as "marihuana," means all parts of the plant genus Cannabis and all of its species, subspecies, taxa and hybridizations, whether growing or not; the seeds thereof; the resins extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, and includes all marijuana concentrates, usable marijuana, and marijuana- infused products. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. B. It is unlawful for any person to knowingly possess a controlled substance other than marijuana as defined by RCW 69.50.101(f) unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice. C. It is unlawful for any person to knowingly possess a legend drug in violation of Chapter 69.41 RCW. D. Penalties. 1. Violation of subsection A of this section is a misdemeanor. For a first offense, the maximum penalty shall be 90 days in jail and/or a $1,000 fine. For a second or subsequent offense, the maximum penalty shall be 180 days in jail and/or a $2,000 fine. Ordinance No. 6753 November 4, 2019 Page 3 of 5 Rev.2019 $250.00 fine. For a second or subsequent offense, there shall be a mandatory minimum penalty of one day in jail and a $500.00 fine. 2. Violation of subsection B of this section is a gross misdemeanor punishable by up to 364 days in jail and/or a $5,000 fine. 3. Violation of subsection C of this section is a misdemeanor punishable by up to 90 days in jail and/or a $1,000 fine. (Ord. 6697 § 1 (Exh. A), 2018; Ord. 6689 § 2 (Exh. B), 2018; Ord. 6595 § 4, 2016; Ord. 6525 § 4, 2014; Ord. 6300 § 1, 2010; Ord. 5682 § 1, 2002.) 9.22.020 Drug paraphernalia prohibited A. No person shall knowingly possess any drug paraphernalia as defined in RCW 69.50.102. Possession of drug paraphernalia is a misdemeanor. A first offense of this section is punishable by a maximum penalty of 90 days in jail and/or a $1,000.00 fine• . •:. : . _ _ - _e .. e. . . ,e • :e e• . .. .. .. . Subsequent offenses are punishable by a maximum penalty of 180 days in jail and/or a $2,000.00 finemandatory penalty of 24 consecutive hours in jail and a $500.00 fine. B. In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following: 1. Statements by an owner or by anyone in control of the object concerning its use; 2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance; 3. The proximity of the object, in time and space, to a direct violation of this chapter; 4. The proximity of the object to controlled substances; 5. The existence of any residue of controlled substances on the object; 6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia; 7. Instructions, oral or written, provided with the object concerning its use; Ordinance No. 6753 November 4, 2019 Page 4 of 5 Rev.2019 8. Descriptive materials accompanying the object which explain or depict its use; 9. National and local advertising concerning its use; 10. The manner in which the object is displayed for sale; 11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; 12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; 13. The existence and scope of legitimate uses for the object in the community; and 14. Expert testimony concerning its use. (Ord. 6689 § 2 (Exh. C), 2018; Ord. 6300 § 1, 2010; Ord. 5682 § 1, 2002.) Ordinance No. 6753 November 4, 2019 Page 5 of 5 Rev. 2019