HomeMy WebLinkAbout08/01/2022 06.Q. Ordinance amending YMC 13.16.078 to add a knowledge element; amending YMC 13.16.150 to clarify violations of Title 13, unless otherwise specified, are a misdemeanor Y�'1114'+
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.Q.
For Meeting of:August 1, 2022
ITEM TITLE: Ordinance amending YMC 13.16.078 to add a knowledge element;
amending YMC 13.16.150 to clarify violations of Title 13, unless
otherwise specified, are a misdemeanor
SUBMITTED BY: Jeffrey Schaap, Senior Assistant City Attorney
SUMMARY EXPLANATION:
Submitted for Council's review are two amendments to Yakima Municipal Code (YMC)13.16.078
- Unlawful acts involving controlled substances or prescription drugs.
This ordinance is currently codified as a strict liability crime (lacks an intent element) and the
penalty is not a statutory misdemeanor penalty. Strict liability drug possession crimes were
declared unconstitutional in the State v. Blake Washington Supreme Court decision. State V.
Blake, 197 Wash.2d 170, 481 P.3d 521 (2021) Senate Bill 5476, which went into effect on July
25, 2021, was adopted in response to the Blake case and controls this area of the law. The
Blake legislative response added a, "knowing," intent element to crimes regulating drug
possession. The first proposed amendment adds a, "knowing," intent element to YMC
13.16.078.
The proposed second amendment changes the penalty for these acts to the statutory
misdemeanor penalty of 90 days and/or$1,000 dollar fine. Passing these amendments will bring
this city ordinance in compliance with state law and allow the ordinance to be enforced.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass ordinance
ATTACHMENTS:
Description Upload Date Type
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D O-d-YMC 13.16 Drugs in Parks-track changes 7/22/2022 Ordinance
D Ord-YMC 13.16 Drugs in Parks-changes accepted 7/22/2022 Ordinance
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ORDINANCE NO. 2022-
AN ORDINANCE relating to Public Safety and Parks; amending YMC 13.16.078 to add a
knowledge element; amending YMC 13.16.150 to clarify that violations of
Title 13, unless otherwise specified, are a misdemeanor.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following section, 13.16.078, of the City of Yakima Municipal Code is
hereby amended to read as follows:
13.16.078 Unlawful acts involving controlled substances or prescription drugs.
A. No person shall knowingly 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. The following section, 13.16.150, of the City of Yakima Municipal Code is
hereby amended to read as follows:
13.16.150 Penalty for violations.
It is unlawful for any person to violate or fail to comply with any rule or regulation provided
for in this chapter. Unless otherwise specified, a violation
or of failing to comply with of any rule or regulation provided for in this chapter is a
misdemeanor shall be punishableed by a fine of not more than two hundred fifty one
thousand dollars or by imprisonment in the city jail facility for a term not to exceed ninety
days or by both such fine and imprisonment.
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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 1st day of August, 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
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ORDINANCE NO. 2022-
AN ORDINANCE relating to Public Safety and Parks; amending YMC 13.16.078 to add a
knowledge element; amending YMC 13.16.150 to clarify that violations of
Title 13, unless otherwise specified, are a misdemeanor.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following section, 13.16.078, of the City of Yakima Municipal Code is
hereby amended to read as follows:
13.16.078 Unlawful acts involving controlled substances or prescription drugs.
A. No person shall knowingly 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. The following section, 13.16.150, of the City of Yakima Municipal Code is
hereby amended to read as follows:
13.16.150 Penalty for violations.
It is unlawful for any person to violate or fail to comply with any rule or regulation provided
for in this chapter. Unless otherwise specified, a violation of any rule or regulation provided
for in this chapter is a misdemeanor punishable by a fine of not more than one thousand
dollars or by imprisonment for a term not to exceed ninety days or by both such fine and
imprisonment.
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.
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PASSED BY THE CITY COUNCIL, signed and approved this 1' day of August, 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
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