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2023 ORDINANCE Page 2 of 6
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<br />good order, and to provide for the punishment of all persons charged with violating any city
<br />ordinance.
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<br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
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<br />Section 1. EMC is amended to add the following section as EMC 10.35.XXX:
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<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.
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<br />E. “Practitioner” shall have the same meaning as in RCW 69.50.101 as currently enacted or later
<br />amended.
<br />F. When a police officer has probable cause that a person has violated this section, the officer may,
<br />but is not required to, refer that person to services, a jail alternative program, and/or a diversion
<br />program in lieu of jail booking, citation, or referral to the prosecutor for the criminal offense.
<br />G. Any person who violates this section is guilty of a gross misdemeanor, except if the Washington
<br />State Legislature enacts any provision consistent with subsection (A) – (E) of this section, the
<br />penalty for a violation of this section shall be the same as that prescribed by state law.
<br />Section 2. EMC 10.35.100 is amended as follows, with strikeouts deleted and underlining added:
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<br />Drug-Free zones - Violations
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