HomeMy WebLinkAbout12/04/2012 14 Marijuana; RCW 69.50; YMC Repealing 6.08.010, 6.08.20, 6.08.025, 6.08.070, 6.08.090, 6.08.100 and 6.08.200 •
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
I L i
Item No.
For Meeting of: December 4, 2012
ITEM TITLE: An emergency ordinance relating to Public Safety;
repealing sections 6.08.010, 6.08.020, 6.08.025, 6.08.070,
6.08.090, 6.08.100, and 6.08.200 of the City of Yakima
Municipal Code and adopting selected Revised Code of
Washington statutes contained in Chapter 69.50 for the
purpose of enacting and enforcing the recently approved
Initiative Measure No. 502, An Act Relating to Marijuana.
SUBMITTED BY: Cynthia I. Martinez, Assistant City Attorney
CONTACT Cynthia I. Martinez, 509 - 575 -6033
• PERSON /TELEPHONE:
SUMMARY EXPLANATION:
Initiative 502, An Act Relating to Marijuana, was approved by the Washington voters on
November 6, 2012. The provisions that affect Municipal Court prosecutions go into effect on
December 6, 2012. As of this writing, the State Code Revisers have not released the
updated statutes. Waiting until the revised statutes are published and the additional thirty
days following publication of the ordinance will result in a period of time when Marijuana
violations are unable to be prosecuted in the City of Yakima Municipal Court. Adopting these
statutes and all future amendments, on an emergency basis, will preserve public peace,
health and safety by preventing a lapse in local prosecution for these offenses.
Resolution Ordinance X Other
(specify)
Contract: Mail to:
Contract Term: Amount: Expiration Date:
Insurance Required? No
Funding
Source: Phone:
APPROVED FOR
SUBMITTAL: City Manager
• STAFF RECOMMENDATION:
Approve ordinance on an emergency basis.
BOARD /COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS;
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❑ Ordinance
•
• ORDINANCE NO. 2012-
AN ORDINANCE relating to Public Safety; an emergency ordinance repealing
sections 6.08.010, 6.08.020, 6.08.025, 6.08.070, 6.08.090,
6.08.100, and 6.08.200 of the City of Yakima Municipal Code and
adopting selected Revised Code of Washington Sections
contained in Chapter 69.50 for the purpose of enacting and
enforcing the recently approved Initiative Measure No. 502, An Act
Relating to Marijuana.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following Sections of the City of Yakima Municipal Code are
hereby repealed: •
6.08.010 Definitions
6.08.020 Prohibited Acts
6.08.025 Drug - paraphernalia – Infraction
6.08.070 Marijuana Possession Unlawful
6.08.090 Marijuana Defined
6.08.100 Lawful possession of marijuana as affirmative defense
6.08.200 Mandatory Minimum Penalties
• Section 2. Section 6.08.015 of the City of Yakima Municipal Code is hereby
e nacted as a new section to read as follows
6.08.015 Statutes adopted.
The following RCW sections, as currently enacted or as hereafter amended or
recodified from time to time, are hereby adopted by reference and shall be given
the same force and effect as if set forth herein in full:
69.50.101 Definitions
69.50.102 Definitions – Drug Paraphernalia
69.50.4014 Possession of Forty Grams of Less Marijuana - penalty
69.50.412 Prohibited Acts
69.50.4121 Drug paraphernalia — Selling or giving — Penalty.
69.50.425 Misdemeanor Violations – Minimum Penalty
Future Citation of Initiative Number 502, Section 21; prohibiting
open possession or consumption of marijuana in view of the
general public.
Section 3. This emergency ordinance is necessary for the immediate
preservation of the public peace, property, health and safety and shall be in full force
and effect on December 6, 2012, after its unanimous passage and approval as
provided by law and by the City Charter.
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PASSED BY THE CITY COUNCIL, signed and approved this 4th day of
December, 2012.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
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