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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