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2023 ORDINANCE Page 1 of 4 <br />ORDINANCE NO. 3962-23 <br />An Ordinance Relating to Violation of Court Orders, amending Chapter 10.13 Everett Municipal Code <br />(EMC) . <br />WHEREAS, <br />A.It is the City’s goal to hold people accountable to the terms of their pretrial release and post- <br />conviction conditions of suspension or deferral of sentence. <br />B.The Everett City Council therefore wishes to continue establishing predetermined Stay Out of <br />Drug Areas (“SODA”) areas, recognizing that the orders are not intended to penalize or interfere <br />with the constitutional right to travel of persons in the City, but instead to place reasonable <br />geographic restrictions, at the discretion of and with oversight by elected Municipal Court judges, <br />upon persons who are charged with or convicted of certain crimes related to controlled <br />substances and that are limited in time and limited to areas where there is ongoing controlled- <br />substance-related criminal activity within the City of Everett. <br />C.The Everett City Council passed Ordinance 3805-21, adopting by reference into the Everett <br />Municipal Code RCW 69.50.4011 (possession of counterfeit substance), RCW 69.50.4013 <br />(possession of controlled substance), RCW 69.50.4014 (possession of forty grams or less of <br />cannabis), and RCW 69.41.030 (possession of legend drugs), as currently enacted or later <br />amended. <br />D.In 2023, the State Legislature enacted Second Engrossed Second Substitute Senate Bill (2E2SSB) <br />5536, amending RCW 69.50.4011 to delineate the crimes of creating or delivering a counterfeit <br />substance, knowing possession of a counterfeit substance, and knowing use of a counterfeit <br />substance in a public place. The bill also amends RCW 69.50.4013, adding the gross misdemeanor <br />crime of knowing use of a controlled substance in a public place, adds a mens rea element to RCW <br />69.50.4014 for the crime of crime of possession of 40 grams of less of cannabis, and further <br />amends RCW 69.41.030, clarifying the crimes of sale, delivery, knowing possession, and knowing <br />public use of legend drugs. <br />E.The City of Everett has the power to provide for the punishment of all practices dangerous to <br />public health or safety, and to make necessary for the preservation of public health, peace, and <br />good order, and to provide for the punishment of all persons charged with violating any city <br />ordinance.