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12/04/2012 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; Click to download ❑ 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 The following Sections of the City of Yakima Municipal Code are hereby repealed: • 6.08.010 Definitions 6.08.020 Prohibited Acts 6.08.025 Drug - paraphernalia – Infraction 6.08.070 Marijuana Possession Unlawful 6.08.090 Marijuana Defined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. • cim /ordinance/ marijuana/page 1 of 2 0 PASSED BY THE CITY COUNCIL, signed and approved this 4th day of December, 2012. Micah Cawley, Mayor ATTEST: City Clerk Publication Date: Effective Date: • cim /ordinance/ marijuana/page 2 of 2