Ordinance 4165-26 - Laserfiche WebLink

3 person knowingly or recklessly causes a child to be exposed to, ingest, inhale, absorb, or have contact with any controlled substance classified in Schedule I or Schedule II as set forth in State or Federal law, or the smoke of a substance that the person knows, or reasonably should know, contains, or is contaminated with, a controlled substance classified in Schedule I or Schedule II. B. Administering or providing a controlled substance to a child in the course of delivering health care services pursuant to and in accordance with a valid prescription is not a violation of this Section. C. This chapter shall not apply to, nor be deemed or construed to conflict with, conduct specifically prohibited by RCW 9A.42.100. 10.41.030. Penalty for Violations Any person who violates this section is guilty of a gross misdemeanor punishable by up to 364 days in jail and a $5,000 fine. 10.41.040. Preemption In the event the Washington State Legislature passes a law preempting this Chapter, this Chapter shall cease to have effect on the same date the state statute comes into effect. Any violation of this Chapter that occurs prior to the preempting statute coming into effect may be prosecuted and punished pursuant to this Ordinance. Section 3. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any internal references. Section 4. The City Council hereby declares that should any section, paragraph, sentence, clause or phrase of this ordinance be declared invalid for any reason, it is the intent of the City Council that it would have passed all portions of this ordinance independent of the elimination of any such portion as may be declared invalid. Section 5. The enactment of this Ordinance shall not affect any case, proceeding, appeal or other matter currently pending in any court or in any way modify any right or liability, civil or criminal, which may be in existence on the effective date of this Ordinance. Section 6. It is expressly the purpose of this Ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Ordinance. It is the specific intent of this Ordinance that no provision or any term used in this Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in this Ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this Ordinance by its officers, employees or agents.