2023/04/19 Council Agenda Packet

L.EVERETT Adopt an ordinance prohibiting public consumption of controlled substances, amending Chapter 10.35 EMC. Project title: City Council Agenda Item Cover Sheet Council Bill # CB 2304 — 29 Agenda dates requested: 4/19, 4/26, 5/3 Briefing Proposed action 4/19 and 4/26 Consent Action 5/3 Ordinance x Public hearing Yes x No Budget amendment: Yes x No PowerPoint presentation: Yes x No Attachments: Ordinance Department(s) involved: Legal Contact person: Lacey Offutt Phone number: (425) 257-8528 Email: loffutt@everettwa.gov Initialed by: Department head Administration Council President Project: Ordinance prohibiting public consumption of controlled substances Partner/Supplier: N/A Location: Everett, WA Preceding action: N/A Fund: N/A Fiscal • summary statement: N/A Project summary statement: This ordinance will amend Chapter 10 35 of the Everett Municipal Code. Councilmembers received a briefing at the April 12, 2023 city council meeting. The proposed new code (EMC 10.35.120) will create a new misdemeanor offense to knowingly use a controlled substance a public place within the City of Everett. The proposed ordinance defines "controlled substances" as "a drug, substance, or immediate precursor included in Schedules 1, 11, 111, and IV as set forth in federal or state laws, or federal or commission rules, but does not include cannabis, cannabis concentrates, cannabis products, or cannabis -infused products as those terms are defined in RCW 69.50.101." This definition includes controlled substances such as heroin, methamphetamine, fentanyl, and Xanax, but excludes controlled substances federally scheduled as schedule V controlled substances, which are rarely, if ever, abused or used in public, such as antidiarrheals. The definition of Controlled Substances also excludes cannabis and cannabis products from its definitions for the purpose of proposed new EMC 10.35.120. The proposed ordinance amends existing EMC 10.35.100, relating to Drug -Free Zones, to permit enhanced fines and imprisonment of up to two times that otherwise permitted when the offender commits specified crimes within designated drug -free zones. Specified crimes include existing crimes such as possession of a controlled substance, as well as the new crime of knowingly using controlled substances in a public place. Enhanced imprisonment under this EMC elevates the maximum imprisonment to 180 days in custody and the fine to a maximum of $2000. Recommendation (exact action requested of Council): Adopt an ordinance prohibiting public consumption of controlled substances, amending Chapter 10.35 EMC.