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Ordinance 4165-26
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Ordinance 4165-26
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3/12/2026 11:33:32 AM
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Ordinances
Ordinance Number
4165-26
Date
3/11/2026
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<br />2 <br /> <br />children involved in accidental ingestions and overdoses investigated by DCYF in 2024 involved <br />children aged 0 and 1 years old3. <br />I. For those who survive exposure, non-fatal opioid-involved overdoses can result in immediate and <br />long-term complications such as brain injury, developmental difficulties, psychiatric effects, and <br />respiratory complications. <br />J. The City encourages the State Legislature to amend RCW 9A.42.100 in such a way that <br />appropriately criminalizes recklessly or knowingly permitting a child to be exposed to, ingest, <br />inhale, absorb or have contact with any controlled substance, including synthetic opioids. <br />K. In the interim, the City Council finds that it is necessary and appropriate in protecting the public <br />health, safety, and welfare to take immediate steps to protect children from the dangers of <br />exposure to powerful controlled substances such as fentanyl and deter the endangerment of <br />children caused by exposure to these substances. <br /> <br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> <br />Section 1. Findings adopted <br /> <br />The findings set forth in the above recitals are hereby adopted and incorporated by reference. Further, <br />the City Council specifically finds that the regulation of the conduct addressed in this Ordinance is a valid <br />exercise of police power. <br /> <br />Section 2. New Chapter 10.xx EMC <br /> <br />A new chapter 10.41 is hereby added to the Everett Municipal Code as chapter 10.41 EMC as follows: <br /> <br />Chapter 10.41 <br />Endangerment with a Controlled Substance <br /> <br />10.41.010 Definitions <br />For the purpose of this Chapter, the following terms shall apply: <br />A. "Child" shall mean the same as the term is defined in RCW 9A.42.010. <br />B. "Controlled Substance" shall mean the same as the term is defined in RCW 69.50.101. <br />C. "Prescription" shall mean the same as the term is defined in RCW 69.50.101. <br /> <br />10.41.020 Endangerment with a Controlled Substance <br /> <br />A. Under circumstances not amounting to endangerment with a controlled substance under RCW <br />9A.42.100, a person is guilty of the crime of endangerment with a controlled substance if the <br /> <br />3 Office of the Family and Children’s Ombuds (OFCO), 2025 Annual Report (Dec. 2025), <br />https://ofco.wa.gov/sites/default/files/2025-12/2025%20OFCO%20Annual%20Report.pdf (accessed Feb. 13, <br />2026).
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