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G., <br /> • <br /> ORDINANCE No. <br /> AN ORDINANCE Relating to Drug Paraphernalia and Marijuana,Repealing Ordinance <br /> 1653-89, Section 8 (Chapter 10.35.080 EMC). <br /> Whereas, in the 2015 legislative session,the State of Washington amended the penalties <br /> for misdemeanor violations of the Uniform Controlled Substances Act, Chapter 69.50 RCW. <br /> Under State law the penalties no longer carry mandatory minimum sentences, but still have <br /> maximum misdemeanor sentences of 90 days in jail and a$1,000.00 fuze; and <br /> Whereas, the City of Everett has the power to provide for the punishment of all practices <br /> dangerous to public health or safety, and to make necessary for the preservation of public health, <br /> peace and good order and to provide for the punishment of all persons charged with violating any <br /> city ordinances; and <br /> Whereas,the Everett City Council deems it appropriate for the City of Everett drug laws <br /> to be consistent with corresponding State law; <br /> NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1. Section 8 of Ordinance No. 1653-89 (EMC 10.35.080),which reads as follows: <br /> Misdemeanor violations—Penalties. <br /> A person who is convicted of a misdemeanor violation of any provision of this chapter shall be <br /> punished by imprisonment for not less than twenty-four consecutive hours, and by a fine of not <br /> less than two hundred fifty dollars. On second or subsequent conviction,the fine shall not be less <br /> than five hundred dollars. These fines shall be in addition to any other fine or penalty imposed. <br /> Unless the court finds that the imposition of the minimum imprisonment will pose a substantial <br /> risk to the defendant's physical or mental well-being or that local jail facilities are in an <br /> overcrowded condition,the minimum term of imprisonment shall not be suspended or deferred. <br /> If the court finds such risk or overcrowding exists,it shall sentence the defendant to a minimum <br /> of forty hours of community service. If a minimum term of imprisonment Is suspended or <br /> deferred,the court shall state in writing the reason for granting the suspension or deferral and the <br /> facts upon which the suspension or deferral is based. Unless the court finds the person to be <br /> indigent,the minimum fine shall not be suspended or deferred. _ <br /> Be and the same is hereby Amended to read as follows: <br /> 2 <br />