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Marijuana—Opening or consuming in view of the general public—Failure to Respond— <br /> Failure to Comply. <br /> A. It is unlawful to open a package containing marijuana, useable marijuana, or a <br /> marijuana-infused product, or consume marijuana, useable marijuana, or a marijuana- <br /> infused product, in view of the general public. A person who violates this section is <br /> guilty of a civil infraction and shall be penalized in accordance with the penalty schedule <br /> for class 3 civil infractions under Chapter 7.80 RCW. <br /> B. Any person who, after receiving a statement of the options provided in Chapter 7.80 <br /> RCW for responding to the notice of civil infraction and the procedures necessary to <br /> exercise these options, fails to exercise one of the options in a timely manner is guilty of <br /> a misdemeanor regardless of the disposition of the notice of civil infraction. A notice of <br /> civil infraction may be complied with by an appearance by counsel. <br /> C. A person who willfully fails to pay a monetary penalty or to perform community <br /> restitution as required by a court under this chapter may be found in contempt of court as <br /> provided in Chapter 7.21 RCW. <br /> Section 16: §§1, 9 (part) of Ordinance 1653-89 (EMC 10.35.010) are hereby repealed. <br /> Section 17: This Ordinance amends Section 14 (part) of Ordinance 1145-85 (Chapter 10.02 <br /> EMC); amends Section 2, 3 and 9 (part) of Ordinance 1163-89 as amended by Sections 1 and 2 <br /> of Ordinance 2622-02 (EMC 10.35.020 and 030); amends Section 1 of Ordinance 2318-98 as <br /> amended by Section 4 of Ordinance 2622-02 (EMC 10.35.055); amends Sections 6 and 9 (part) <br /> of Ordinance 1653-89 (EMC 10.35.060); amends Ordinance 1653-89 (Chapter 10.35 EMC); and <br /> repeals sections 1 and 9(part) of Ordinance 1653-89 (EMC 10.35.010) <br /> Section 18: General duty. <br /> It is expressly the purpose of this Ordinance to provide for and promote the health, safety and <br /> welfare of the general public and not to create or otherwise establish or designate any particular <br /> class or group of persons who will or should be especially protected or benefited by the terms of <br /> this Ordinance. It is the specific intent of this Ordinance that no provision nor any term used in <br /> this Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or <br /> employees. Nothing contained in this Ordinance is intended nor shall be construed to create or <br /> form the basis of any liability on the part of the City, or its officers, employees or agents, for any <br /> injury or damage resulting from any action or inaction on the part of the City related in any <br /> manner to the enforcement of this ordinance by its officers, employees or agents. <br /> Section 19: Savings. <br /> The enactment of this Ordinance shall not affect any case, proceeding, appeal or other matter <br /> currently pending in any court or before the City or in any way modify any obligation, right or <br /> liability, civil or criminal, which may exist by virtue of any of the ordinances herein amended. <br /> Section 20: Severability. <br /> 9 <br />