HomeMy WebLinkAboutOrdinance No. 2023-007 An Ordinance of the City of Arlington Amending Chapter 9.40 of the Municipal Code Following the Adoption of E2SSB 5536.. ORDINANCE NO. 2023-007
AN ORDINANCE OF THE CITY OF ARLINGTON AMENDING
CHAPTER 9.40 OF THE MUNICIPAL CODE FOLLOWING THE ADOPTION OF
E2SSB 5536 BY THE WASHINGTON STATE LEGISLATURE, AND REPEALING
ARLINGTON ORDINANCE 2023-005
WHEREAS, the City previously adopted Ordinance No 2023-005 regarding the use of
controlled substances in public places, possession of drug paraphernalia with intent to use in
public places, and offers of referral; and
WHEREAS, the State Legislature on 5/16/2023 adopted Enhanced Second Substitute
Senate Bill (E2SSB) 5536, intended to be a "fix' to the Supreme Court's decision in
State v. Blake, 197 Wn.2d 170 (2021);
WHEREAS, the City Council wishes to make its ordinance consistent with E2SSB 5536
and deems this ordinance to be in the best interests of the citizens;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. Arlington Municipal Code section 9.40.010 shall be and hereby is adopted
to read as follows:
9.40.010-Statutes adopted. The following state statues, including all future
amendments, additions or deletions and including all other amendments to RCW
Title 69 embodied in the adoption of 2023 Enhanced Second Substitute Senate
Bill (E2SSB) 5536, are adopted by reference:
(1)RCW 69.41.030, Sale, delivery, or possession of legend drug without
prescription or order prohibited—Exceptions—Penalty.
(2)RCW 69.41.350(1), Steroids—Penalties.
(3)RCW 69.50.101, Definitions.
(4)RCW 69.50.102, Drug paraphernalia—Definitions.
(5)RCW 69.50.201, Authority to control.
(6)RCW 69.50.202, Nomenclature.
(7)RCW 69.50.204, Schedule I—Marijuana defined as a controlled substance.
(8)RCW 69.50.309, Containers.
(9)RCW 69.50.401, Prohibited acts: A—Penalties.
(10)RCW 69.50.412, Prohibited acts: E—Penalties.
(11)RCW 69.50.4121, Drug paraphernalia—Selling or giving—Penalty.
(12)RCW 69.50.445, Opening package of or consuming marijuana, useable
marijuana, marijuana-infused products, or marijuana concentrates in view of
ORDINANCE 2023-007 1
general public or public place—Penalty.
(13)RCW 69.50.505, Seizure and forfeiture.
(14)RCW 69.50.506, Burden of proof; liabilities.
(15)RCW 69.50.509, Search and seizure of controlled substances.
Section 2. Repealer. Ordinance 2023-005 and Arlington Municipal Code sections
9.40.120 through 9.40.140 shall be and hereby are repealed, effective on the effective date of
this ordinance.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause, phrase or word of this
ordinance.
Section 4. Scrivener's Errors. Upon approval by the city attorney, the city clerk or
the code reviser are authorized to make necessary corrections to this ordinance, including
scrivener's errors or clerical mistakes; references to other local, state, or federal laws, rules, or
regulations; or numbering or referencing of ordinances or their sections and subsections.
Section 5. Effective Date. This ordinance shall become effective on July 1, 2023,
which shall be more than five days after the date of its publication by summary.
PASSED BY the City Council and APPROVED by the Mayor this 5th day of June, 2023.
CITY OF ARLINGTON
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Barbara Tolbert, Mayor
Attest:
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Wendy Van 6 er Meersche, City Clerk
Approved as to form:
Ste n i e, yy Attorney
ORDINANCE 2023-007 2
CERTIFICATION OF ORDINANCE
I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
No. 2023-007 was approved at the June 5, 2023 City Council meeting.
ORDINANCE NO. 2023-007
"AN ORDINANCE OF THE CITY OF ARLINGTON AMENDING
CHAPTER 9.40 OF THE MUNICIPAL CODE FOLLOWING THE ADOPTION OF
E2SSB 5536 BY THE WASHINGTON STATE LEGISLATURE,AND REPEALING
ARLINGTON ORDINANCE 2023-005"
A true and correct copy of the original ordinance is attached.
Dated this 6th day of June, 2023
Wendy VA Der Meersche
City Clerk for the City of Arlington