HomeMy WebLinkAbout2021-018 Ordinance adding Yakima Municipal Code Section 13.16.178 Drug Possession and Use Prohibited, to Chapter 13.16 Rules and Regulations, regarding parks and playgroundsAN ORDINANCE
ORDINANCE NO. 2021-018
adding Yakima Municipal Code Section 13.16.078 Drug Possession and
Use Prohibited to Chapter 13.16: Rules and Regulations regarding parks
and playgrounds.
WHEREAS, the City owns, operates and maintains parks and playgrounds throughout the
City for the benefit of residents and visitors; and
WHEREAS, many families enjoy the parks for recreation, picnics, walking their dogs and
other leisurely activities; and
WHEREAS, alcohol possession and use are prohibited in City parks with limited
exceptions for those who obtain a special event permit; and
WHEREAS, for consistency, it is appropriate to have a similar prohibition on drug
possession and use in the City parks; and
WHEREAS, the City Council of the City of Yakima hereby finds and determines that it is
in the best interests of the City of Yakima and its residents to add Section 13.16.078 prohibiting
possession, use or consumption of drugs in City parks and playgrounds, and such amendment
will promote the general health, safety and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 13.16.078 is hereby added to the Yakima Municipal Code to read
as follows:
13.16.078
Unlawful Acts Involving Controlled Substances or Prescription
Drugs
A. No person shall commit any of the following acts in a park:
1. Sell, distribute, make available or offer to provide a controlled substance or
prescription drug to another;
2. Package, possess or store a controlled substance;
3. Transport a controlled substance or materials intended to be used in the
packaging of a controlled substance;
4. Solicit another to provide, make available, sell or distribute a controlled
substance or prescription drug to any person; or
5. With the intent to engage in any act prohibited by this Section, seek, meet,
approach, or encounter another.
B. Nothing in subsection A of this Section shall prohibit the possession in a park of
medications prescribed to the person or to a person under that person's care, if and
under such conditions as possession of such substance is otherwise lawful.
C. For purposes of this Section "controlled substance" shall have the meaning provided
in RCW 69.50.101 and "prescription drug" shall have the same meaning as "legend
drugs" provided in RCW 69.41.010(13).
Section 2. SeverabilityNalidity. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance.
Section 3. Effective Date. 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 17th day of August, 2021.,
f EST:
Sonya C Tee, City Clerk
Publication Date: August 20, 2021
Effective Date: September 19, 2021
2
cia Byers, = ayor
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 10.
For Meeting of: August 17, 2021
ITEM TITLE: Ordinance adding Yakima Municipal Code Section 13.16.178 Drug
Possession and Use Prohibited, to Chapter 13.16: Rules and
Regulations, regarding parks and playgrounds
SUBMITTED BY: Sara Watkins, City Attorney
SUMMARY EXPLANATION:
The current Yakima Municipal Code consists of a number of park regulations, including the
prohibition of alcohol possession and use in parks. There is not similar language regarding
drugs. For consistency and to be able to address drug use in parks, the ordinance prohibits the
sale, distribution, use or transport of drugs in city parks.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass ordinance
ATTACHMENTS:
Description Upload Date
0 Ordina, ice - YMC 13.16.078 8/5/2021
Type
Ordinance