Ordinance 3490-16 - Laserfiche WebLink

AVa77 ORDINANCE No. 3490-16 AN ORDINANCE Relating to Drug Paraphernalia and Marijuana, Repealing Ordinance 1653-89, Section 8 (Chapter 10.35.080 EMC). Whereas, in the 2015 legislative session, the State of Washington amended the penalties for misdemeanor violations of the Uniform Controlled Substances Act, Chapter 69.50 RCW. Under State law the penalties no longer carry mandatory minimum sentences, but still have maximum misdemeanor sentences of 90 days in jail and a$1,000.00 fine; and Whereas, the City of Everett has the power to provide for the punishment of all practices dangerous to public health or safety, and to make necessary for the preservation of public health, peace and good order and to provide for the punishment of all persons charged with violating any city ordinances; and Whereas, the Everett City Council deems it appropriate for the City of Everett drug laws to be consistent with corresponding State law; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. Section 8 of Ordinance No. 1653-89 (EMC 10.35.080), which reads as follows: Misdemeanor violations—Penalties. A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished by imprisonment for not less than twenty-four consecutive hours, and by a fine of not less than two hundred fifty dollars. On second or subsequent conviction, the fine shall not be less than five hundred dollars. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition,the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. Be and the same is hereby Amended to read as follows: