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HomeMy WebLinkAbout04/14/2026 09.C. Ordinance adding YMC 6.08.210_Drug_Exposure r 'V ii _�ii •• i i t, gin.;—* _1a _- '^ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.C. For Meeting of: April 14, 2026 ITEM TITLE: Ordinance adding Section 6.08.210, Endangerment with a Controlled Substance, to the Yakima Municipal Code SUBMITTED BY: *Sara Watkins, City Attorney Cynthia Martinez, Senior Assistant City Attorney SUMMARY EXPLANATION: At their March 17 Council passed a motion directing staff to bring back an ordinance that makes it a crime to endanger a child by knowingly or recklessly exposing a child to a controlled substance by causing the child to ingest, inhale, come in contact with, or inhale the smoke of a controlled substance. Violation of the ordinance would be a gross misdemeanor, which could result in a penalty of up to 364 days in jail and/or up to a $5,000.00 fine. The ordinance excepts from violation any controlled substances provided pursuant to a valid medical prescription. ITEM BUDGETED: No STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Pass Ordinance ATTACHMENTS: Ord-6.08.210_Drug Exposure.docx 91 ORDINANCE NO. 2026- AN ORDINANCE adding Section 6.08.210, Endangerment with a Controlled Substance, to the Yakima Municipal Code. WHEREAS, the City has the power to provide for the punishment of all practices dangerous to public health and 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; and WHEREAS, 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; and WHEREAS, RCW 9A.42.100 does not include the knowing or intentional exposure to fentanyl and other synthetic opioids, and the City Council finds that it is important to include exposure to fentanyl and other synthetic opioids in the Yakima Municipal Code for criminal prosecution; and WHEREAS, fentanyl and other synthetic opioids can come in a number of forms, including, but not limited to pills and powder, and sometimes users are not able to discern by sight, taste, or smell the potency or dangerousness of the drug, which poses a significant health risk not only to the user, but also to their children and family members who may be exposed; and WHEREAS, according to the third quarter 2025 DCYF fatality and near fatality report: "fentanyl/opioid ingestion continues to be the leading cause of near fatal injury in cases reviewed by DCYF" (Quarterly Child Review RCW 74.13.640 July—September 2025: https://dcyf.wa.gov/sites/default/files/pdf/q3-2025-quarterlyfatalityreport.pdf); and WHEREAS, the City Council finds that if the state of Washington amends its law to add fentanyl and opioids to RCW 9A.42.100 such a local law would not be necessary, but until then, the City Council believes that creating a crime to address exposing others to fentanyl and/or opioids should be a crime in the City of Yakima; and WHEREAS, the City Council of the City of Yakima finds and determines that adding Section 6.08.210 addressing Endangerment with a Controlled Substance is in the public interest and best interest of the City and its residents; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 6.08.210: Endangerment with a Controlled Substance, of the City of Yakima Municipal Code is hereby added to read as follows: 6.08.210 Endangerment with a Controlled Substance A. Findings. The City Council finds that the regulation of the conduct addressed in this ordinance is a valid exercise of its police power and provides for and promotes the health, safety and welfare of the general public. 1 92 B. Definitions. For the purpose of this Section, the following terms shall be defined as set forth herein: (1) "Child" shall mean a person under eighteen years of age. (2) "Controlled Substance" shall mean a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include cannabis or cannabis products (including cannabis-infused products) as defined in RCW 69.50.101, or hemp or industrial hemp as defined in RCW 15.140.020. (3) "Prescription" shall mean an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of their professional practice for a legitimate medical purpose. C. Endangerment with a Controlled Substance. (1) 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 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 federal or state 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 as set forth in federal or state law. (2) 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. (3) This Section shall not apply to, nor be deemed or construed to conflict with, conduct specifically prohibited by RCW 9A.42.100. D. Penalty. Any person who violates this section is guilty of a gross misdemeanor punishable by up to 364 days in jail and up to a $5,000.00 fine. Section 2. Severability. If any section, paragraph, sentence, clause or phrase of this ordinance be declared invalid or unlawful for any reason, it is the intent of the City Council that the remaining terms remain valid. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 14th day of April, 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk Publication Date: Effective Date: 2 93