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good order, and to provide for the punishment of all persons charged with violating any city
<br />ordinance.
<br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
<br />Section 1. EMC is amended to add the following section as EMC 10.35.XXX:
<br />A. Except where punishable under Chapter 10.37 EMC, it is unlawful for any person to knowingly
<br />use any controlled substance in a public place, unless the substance was obtained directly from,
<br />or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or
<br />her professional practice, or as otherwise authorized under Federal or State law.
<br />B. "Use" means to inject, ingest, inhale, or otherwise introduce a controlled substance into the
<br />human body.
<br />C. "Controlled substance" means a drug, substance, or immediate precursor included in Schedules
<br />I, II, III, and IV as set forth in federal or state laws, or federal or commission rules, but does not
<br />include cannabis, cannabis concentrates, cannabis products, or cannabis -infused products as
<br />those terms are defined in RCW 69.50.101.
<br />D. "Public place" means an area generally visible to public view, and includes any place to which
<br />the public has a right of access, including streets, sidewalks, bridges, alleys, plazas, parks,
<br />driveways, parking lots, automobiles (whether moving or not), transit vehicles, transit stations,
<br />and buildings open to the public, as well as doorways, windows, drive -up windows, and
<br />entrances to buildings or dwellings that are visible to public view.
<br />E. "Practitioner" shall have the same meaning as in RCW 69.50.101 as currently enacted or later
<br />amended.
<br />F. Any person who violates this section is guilty of a misdemeanor.
<br />Section 2. EMC 10.35.100 is amended as follows, with strikeouts deleted and underlining added:
<br />Drug -Free zones - Violations
<br />A. Any person who violates Section 1 of this ordinance, EMC 10.35.011, EMC 10.35.12, EMC
<br />10.35.020, EMC 10.35.030, EMC 10.35.040, EMC 10.35.055, EMC 10.35.055, EMC 10.35.060,
<br />EMC 10.36.020, or EMC Chapter 10.37and the violation occurs in a school, on a school bus,
<br />within one thousand feet of a school bus route stop designated by the school district, within one
<br />thousand feet of the perimeter of the school grounds, in a public park, in a public housing
<br />project designated as a drug -free zone, on a public transit vehicle or in a public transit stop
<br />ix 2023 ORDINANCE Page 2 of 5
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