HomeMy WebLinkAbout1990-3234 Possession of marijuana 3234
ORDINANCE NO.
AN ORDINANCE relating to public safety and morals; relating to
mandatory minimum penalties for possession of
marijuana and enacting Section 6.50.015 as a new
section of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.50.015 is hereby enacted as a new
section of the City of Yakima Municipal Code to read as fol-
lows:
"6.50.015 MANDATORY MINIMUM PENALTIES -- POS-
SESSION OF MARIJUANA.
The maximum penalty for a violation of Section
6.50.010 shall be provided by Section 6.02.050;
however, any person convicted of a violation thereof
shall be punished by imprisonment for not less than
twenty-four consecutive hours, and by a fine of not
less than two hundred fifty dollars. On a second or
subsequent conviction, the fine shall not be less
than five hundred dollars. These fines shall be in
4110 addition to any other fine or penalty imposed.
Unless the court finds that the imposition of the
minimum imprisonment will pose a substantial risk to
the defendant's physical or mental well-being or
that local jail facilities are in an overcrowded
condition, the minimum term of imprisonment shall
not be suspended or deferred. If the court finds
such risk or overcrowding exists, it shall sentence
the defendant to a minimum of forty hours of commu-
nity service. If a minimum term of imprisonment is
suspended or deferred, the court shall state in
writing the reason for granting the suspension or
deferral and the facts upon which the suspension or
deferral is based. Unless the court finds the per-
son to be indigent, the minimum fine shall not be
suspended or deferred."
Section 2. This ordinance shall be in full force and
effect thirty days after its pausage, approval, and publica-
tion as provided by law and by the City Charter.
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PASSED BY THE CITY COUNCIL, signed and approved this
)(7day of , 1989.
'(.
(C4t
Mayor
ATTEST:
C-WW_
City Clerk
Publication Date: JAN 1 9 1990
Effective Date: FEB 1 8 1990
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