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10. 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 1 4.4 • 1141 ( rr 11 i i�O enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 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 Type Ordina,ice-YMC 13.16.078 8/5/2021 Ordinance 2 ORDINANCE NO. 2021- AN 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. 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). 1 3 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 17'h day of August, 2021. Patricia Byers, Mayor ATTEST: Sonya Claar Tee, City Clerk Publication Date: Effective Date: 2