Ordinance 1653-89 - Laserfiche WebLink

• • 1 derivative, mixture, or preparation of the mature stalks (except the resin 2 extracted therefrom) , fiber, oil , or cake, or the sterilized seed of the 3 plant which is incapable of germination. 4 Section 7: Penalties Under Other Laws. 5 Any penalty imposed for violation of this chapter is in addition to, 6 and not in lieu of, any civil or administrative penalty or sanction 7 otherwise authorized by law. 8 Section 8: Misdemeanor Violations - Penalties. 9 A person who is convicted of a misdemeanor violation of any provision 10 of this chapter shall be punished by imprisonment for not less than 11 twenty-four (24) consecutive hours, and by a fine of not less than two 12 hundred fifty dollars ($250) . On a second or subsequent conviction, the 13 fine shall not be less than five hundred dollars ($500) . These fines shall 14 be in addition to any other fine or penalty imposed. Unless the court finds 15 that the imposition of the minimum imprisonment will pose a substantial risk 16 to the defendant's physical or mental well-being or that local jail 17 facilities are in an overcrowded condition, the minimum term of imprisonment 18 shall not be suspended or deferred. If the court finds such risk or 19 overcrowding exists, it shall sentence the defendant to a minimum of forty 20 (40) hours of community service. If a minimum term of imprisonment is 21 suspended or deferred, the court shall state in writing the reason for 22 granting the suspension or deferral and the facts upon which the suspension 23 or deferral is based. Unless the court finds the person to be indigent, the 24 minimum fine shall not be suspended or deferred. 25 Section 9: Codification. 26 Sections 1 through 8 of this ordinance shall be codified as eight (8) 27 sections of a new chapter in EMC Title 10 (Everett Criminal Code) , to be 28 entitled "Drug Paraphernalia and Marihuana". 29 Section 10: Repealer. 30 Ordinance No. 758-81 (EMC Chapter 5.112 - Drug Paraphernalia) , Section 31 106 of Ordinance No. 1145-85 (EMC 10.34.010 - Possession of Marihuana) , 32 5