HomeMy WebLinkAbout03/17/2026 11. Distributed at the MeetingDistributed at Meeting:
09—/7-,20?4,l tem#11_
Price, Cally
From: Potrykus, Juliet
Sent: Tuesday, March 17, 2026 10:52 AM
To: Price, Cally; Ibarra, Rosalinda
Subject: Printouts for meeting tonight
Attachments: 19354.pdf
Hello, if it is allowed, I would like all members to receive a print-out of this packet (attached) from the city
of Everett tonight at the business meeting, and a copy of my remarks on the topic. This will be presented
as "other business" tonight. Is this something Rosalinda or Cally would be in charge of? Thank you!!
My remarks:
Juliet Potrykus Memo for "Other Business" Ordinance for Child Welfare
WHAT
I would like our Council to consider an ordinance creating the strongest criminal penalty our city is
allowed to enact for exposing a child to fentanyl and other dangerous drugs. It is already a crime to
expose children to methamphetamine under state law; this would close the gap for fentanyl and similar
substances.
WHEN
I'm raising this now because Olympia did not advance this fix in the last session, and that leaves a
serious gap in child safety. Infants and toddlers have died after exposure to even trace amounts of
fentanyl.
WHY
If we have the authority to protect vulnerable children in our community, we should use it — and I am
asking that we consider doing so as early as April
Sincerely,
Juliet Potrykus
Yakima City Council District 4
I appreciate the opportunity to serve you!
EVERETT
Project title:
City Council Agenda Item Cover Sheet
An ORDINANCE adopting a new chapter of the Everett Municipal Code relating to Endangerment with a
Controlled Substance.
Council Bill # interoffice use
CB 2602-08
Agenda dates requested:
Briefing 2/25/26
2nd Reading 3/04/26
, Consent
Action 3/11/26
Ordinance x
Public hearing
Yes X No
Budget amendment:
Yes X No
PowerPoint presentation:
Yes X No
Attachments:
SD 1-ordinance
Department(s) involved:
Legal
Police
Contact person:
Lacey Offutt
Phone number:
425-257-8528
Email:
LOffutt@everettwa.gov
Initialed by:
Department head
Administration
Council President
Project: Ordinance relating to Endangerment with a Controlled Substance
Partner/Supplier: NA
Location: NA
Preceding action: NA
..�-_..__..�__.. Fund: NA
Fiscal summary statement:
NA
Project summary statement:
This proposed ordinance would create a new gross misdemeanor crime known as
Endangerment with a Controlled Substance. Under this new ordinance, a person is guilty
of the crime if he or she knowingly or recklessly caused a child, someone under 18 years
of age, to be exposed to a Schedule I or Schedule II controlled substance, as scheduled in
state or federal law. Schedule I and Schedule II controlled substances include, among
others, heroin, fentanyl, LSD, ecstasy, and cocaine. The ordinance provides that providing
a scheduled drug to a child pursuant to a valid prescription is not a violation of the
ordinance.
Exposing a minor to methamphetamine is a class B Felony under RCW 9A.42.100. This
ordinance does not regulate violations that amount to a violation of RCW 9A.42.100.
Recommendation (exact action requested of Council):
Adopt an Ordinance creating a new chapter of the Everett Municipal Code relating to
Endangerment with a Controlled Substance.
ORDINANCE NO.
In
EVERETT
WASHINGTON
An ORDINANCE adopting a new chapter of the Everett Municipal Code relating to Endangerment with
a Controlled Substance.
WHEREAS,
A. The City of Everett has the power to provide for the punishment of all practices dangerous to
public health or safety, and to make necessary for the preservation of public health, peace, and
good order, and to provide for the punishment of all persons charged with violating any city
ordinance.
B. It is a Class B felony under RCW 9A.42.100 to knowingly or intentionally permit dependent
children or adults to be exposed to, ingest, inhale, or have contact with methamphetamine or
specific ingredients utilized for its production.
C. Efforts to amend RCW 9A.42.100 to include the knowing or intentional exposure to fentanyl and
other synthetic opioids have repeatedly stalled in the State Legislature.
D. The Everett Police Department has investigated thirty-three overdoses involving minor victims
since 2019. Over 35% of those investigations (36%) involved children ages 1-31.One was fatal. Of
those involving very young children, seven are known to have involved fentanyl, including the
fatal exposure.
E. Controlled substances come in all forms, and they are regularly made into powders, pills, candies,
eye droppers, and nasal sprays.
F. Users are unable to discern by sight, taste, or smell just how potent and dangerous these illicit
drugs may be due to unregulated sources. The identity, purity, and quantity are uncertain and
inconsistent, thus posing significant adverse health risks not only to the user, but also to their
family members or members of the public who may be exposed inadvertently or through
secondhand contact.
G. The Washington State Office of the Family and Children's Ombuds Child Fatalities and Near
Fatalities in Washington State 2025 report states that 25% of DCYF-investigated child fatalities,
and 66% of near -fatalities, were caused by accidental ingestions and overdoses of controlled
substances, with 78% of those combined incidents involving fentanyl2. Fentanyl accounted for 30
of the 38 accidental ingestions by children under 11.
H. These risks are particularly high for infants and toddlers who may live in close proximity to and
come in contact with controlled substances through no fault of their own. Over half (52.5%) of
1 Accurate as of Feb. 13, 2026.
2 Office of the Family and Children's Ombuds (OFCO), 2025 Annual Report (Dec. 2025),
https://ofco.wa.gov/sites/default/files/2025-12/2025%200FC0%20Annual%20Reportpdf (accessed Feb. 13,
2026).
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children involved in accidental ingestions and overdoses investigated by DCYF in 2024 involved
children aged 0 and 1 years old3.
I. For those who survive exposure, non -fatal opioid-involved overdoses can result in immediate and
long-term complications such as brain injury, developmental difficulties, psychiatric effects, and
respiratory complications.
J. The City encourages the State Legislature to amend RCW 9A.42.100 in such a way that
appropriately criminalizes recklessly or knowingly permitting a child to be exposed to, ingest,
inhale, absorb or have contact with any controlled substance, including synthetic opioids.
K. In the interim, the City Council finds that it is necessary and appropriate in protecting the public
health, safety, and welfare to take immediate steps to protect children from the dangers of
exposure to powerful controlled substances such as fentanyl and deter the endangerment of
children caused by exposure to these substances.
NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
Section 1. Findings adopted
The findings set forth in the above recitals are hereby adopted and incorporated by reference. Further,
the City Council specifically finds that the regulation of the conduct addressed in this Ordinance is a valid
exercise of police power.
Section 2. New Chapter 10.xx EMC
A new chapter 10.41 is hereby added to the Everett Municipal Code as chapter 10.41 EMC as follows:
Chapter 10.41
Endangerment with a Controlled Substance
10.41.010 Definitions
For the purpose of this Chapter, the following terms shall apply:
A. "Child" shall mean the same as the term is defined in RCW 9A.42.010.
B. "Controlled Substance" shall mean the same as the term is defined in RCW 69.50.101.
C. "Prescription" shall mean the same as the term is defined in RCW 69.50.101.
10.41.020 Endangerment with a Controlled Substance
A. Under circumstances not amounting to endangerment with a controlled substance under RCW
9A.42.100, a person is guilty of the crime of endangerment with a controlled substance if the
3 Office of the Family and Children's 0mbuds (OFCO), 2025 Annual Report (Dec. 2025),
https://ofco.wa.aov/sites/default/files/2025-12/2025%200FC0%20Annual%2OReport.odf (accessed Feb. 13,
2026).
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person knowingly or recklessly causes a child to be exposed to, ingest, inhale, absorb, or have
contact with any controlled substance classified in Schedule I or Schedule II as set forth in State
or Federal law, or the smoke of a substance that the person knows, or reasonably should know,
contains, or is contaminated with, a controlled substance classified in Schedule I or Schedule II.
B. Administering or providing a controlled substance to a child in the course of delivering health care
services pursuant to and in accordance with a valid prescription is not a violation of this Section.
C. This chapter shall not apply to, nor be deemed or construed to conflict with, conduct specifically
prohibited by RCW 9A.42.100.
10.41.030. Penalty for Violations
Any person who violates this section is guilty of a gross misdemeanor punishable by up to 364 days in jail and a
$5,000 fine.
10.41.040. Preemption
In the event the Washington State Legislature passes a law preempting this Chapter, this Chapter shall
cease to have effect on the same date the state statute comes into effect. Any violation of this Chapter
that occurs prior to the preempting statute coming into effect may be prosecuted and punished pursuant
to this Ordinance.
Section 3. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections
to this Ordinance including, but not limited to, the correction of scrivener's/clerical errors, references,
ordinance numbering, section/subsection numbers, and any internal references.
Section 4. The City Council hereby declares that should any section, paragraph, sentence, clause or phrase
of this ordinance be declared invalid for any reason, it is the intent of the City Council that it would have
passed all portions of this ordinance independent of the elimination of any such portion as may be
declared invalid.
Section 5. The enactment of this Ordinance shall not affect any case, proceeding, appeal or other matter
currently pending in any court or in any way modify any right or liability, civil or criminal, which may be in
existence on the effective date of this Ordinance.
Section 6. It is expressly the purpose of this Ordinance to provide for and promote the health, safety and
welfare of the general public and not to create or otherwise establish or designate any particular class or
group of persons who will or should be especially protected or benefited by the terms of this Ordinance.
It is the specific intent of this Ordinance that no provision or any term used in this Ordinance is intended
to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in
this Ordinance is intended nor shall be construed to create or form the basis of any liability on the part of
the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction
on the part of the City related in any manner to the enforcement of this Ordinance by its officers,
employees or agents.
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CASSIE FRANKLIN, MAYOR
ATTEST:
CITY CLERK
Passed:
Valid:
Published:
Effective:
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