HomeMy WebLinkAboutOrdinance No. 2023-005 An Ordinance of the City of Arlington Amending Chapter 9.40 Of the Municipal Code in Regard to the Use of Controlled Substances in Public Places; Possession of Drug Paraphernalia with Intent ORDINANCE NO. 2023-005
AN ORDINANCE OF THE CITY OF ARLINGTON AMENDING
CHAPTER 9.40 OF THE MUNICIPAL CODE IN REGARD TO THE USE OF
CONTROLLED SUBSTANCES IN PUBLIC PLACES; POSSESSION OF DRUG PARAPHERNALIA WITH
INTENT TO USE IN PUBLIC PLACES; AND OFFERS OF REFERRAL
WHEREAS, the use of controlled substances without a prescription and the supervision
of a medical professional can result in physical injury or death; and
WHEREAS, the use of controlled substances without a prescription and the supervision
of a medical professional often exacerbates mental health conditions; and
WHEREAS, using controlled substances can alter a person's brain or brain chemistry with
negative health consequences; and
WHEREAS, persons using controlled substances can become addicted to such
substances resulting in negative physical and mental health consequences and damage to
family and personal relationships; and
WHEREAS, the use of controlled substances without a prescription or medical
supervision is more likely to result in addiction; and
WHEREAS, the use of controlled substances without a prescription is positively
correlated with criminal behavior; and
WHEREAS, the City has taken steps to address these problems through teaming police
officers with social workers and mental health professionals and working with the municipal
court; and
WHEREAS, state law now requires that persons subject to arrest for possession of a
controlled substance be referred to assessment and services in lieu of arrest at least twice
before he or she may be arrested; and
WHEREAS, this state requirement has resulted in increased use of controlled substances
in public; and
WHEREAS, the use of controlled substances in public increases public disorder and the
negative effects of using controlled substances without a prescription; and
WHEREAS, the use of controlled substances in public negatively affects children and
youth and normalizes the use of controlled substances without a prescription; and
ORDINANCE 2023-005 1
WHEREAS, the use of alcohol and marijuana by persons of legal age is prohibited in
public, although alcohol consumption can be allowed under Washington State Liquor and
Cannabis regulations with appropriate permits; and
WHEREAS, prohibiting the use of controlled substances in public and the possession of
drug paraphernalia with intent to use in public will enhance public health and safety; and
WHEREAS, the City Council 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. A new section 9.40.120 is added to the Arlington Municipal Code as
follows:
9.40.120 Use of a Controlled Substance in a Public Place.
1. It is unlawful for any person to knowingly use a controlled substance in a
public place unless the controlled substance has been lawfully prescribed to the
person using it.
2. "Use" means any effort taken in furtherance of an attempt to inject, ingest,
inhale or otherwise introduce a controlled substance into the human body.
3. "Public place" means an area generally visible to public view, and includes
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles (whether moving or not), and buildings open to the public, and
doorways, windows, drive-up windows, and entrances to buildings or dwellings
that are visible to public view.
4. Use of a controlled substance in a public place is a misdemeanor.
Section 2. A new section 9.40.130 is added to the Arlington Municipal Code as
follows:
9.40.130 Possession of drug paraphernalia with intent to use in a public space.
1. It is unlawful for any person to knowingly possess drug paraphernalia with
intent to use the same in a public place. For purposes of this section, drug
paraphernalia shall have the same meaning as in RCW 69.50.4121
ORDINANCE 2023-005 2
2. "Use" means any effort taken in furtherance of an attempt to inject, ingest,
inhale or otherwise introduce a controlled substance into the human body.
3. "Public place" means an area generally visible to public view, and includes
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles (whether moving or not), and buildings open to the public, and
doorways, windows, drive-up windows, and entrances to buildings or dwellings
that are visible to public view.
4. Possession of drug paraphernalia with intent to use the same in a public
place is a misdemeanor.
Section 3. A new section 9.40.140 is added to the Arlington Municipal Code as
follows:
9.40.140 Offer of referral.
When a police officer has probable cause that a person has committed the crime
of possession of a counterfeit substance, possession of a controlled substance,
possession of a legend drug, or possession of drug paraphernalia, the officer will
offer a referral to assessment and services in the manner provided by RCW
10.31.115. When a police officer has probable cause that a person has committed
the crime of use of a controlled substance in a public place, the officer may, but is
not required to offer a referral and is authorized to book the person into jail
regardless of whether that person has previously been offered a referral.
Section 4. 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 S. 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 6. Effective Date. This ordinance shall become effective five days after the
date of its publication by summary.
ORDINANCE 2023-005 3
PASSED BY the City Council and APPROVED by the Mayor this 3rd day of April, 2023.
CITY OF ARLINGTON
&6)Y
Barbara Tolbert, Mayor
Attest:
Wendy V n Der Meersche, City Clerk
Approved as to form:
St ven . P i e
City Attorney
ORDINANCE 2023-005 4
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. 2023-005 was approved at the April 3, 2023 City Council meeting.
ORDINANCE NO. 2023-005
"AN ORDINANCE OF THE CITY OF ARLINGTON AMENDING
CHAPTER 9.40 OF THE MUNICIPAL CODE IN REGARD TO THE USE OF
CONTROLLED SUBSTANCES IN PUBLIC PLACES; POSSESSION OF DRUG PARAPHERNALIA
WITH INTENT TO USE IN PUBLIC PLACES; AND OFFERS OF REFERRAL"
A true and correct copy of the original ordinance is attached.
Dated this 4th day of April, 2023
Wendy Van er Meersche
City Clerk for the City of Arlington