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ORD NO. 2016-03 AMENDING CHAPTER 9.07; CONTROLLED SUBSTANCES, PARAPHERNALIA AND TOXIC FUMESORDINANCE NO. 2016-03 AN ORDINANCE of the City of Bainbridge Island, Washington, amending Chapter 9.07 of the Bainbridge Island Municipal Code, Controlled Substances, Paraphernalia and Toxic Fumes, to reflect recent changes in state law. WHEREAS, the City Council desires to amend Chapter 9.07 of the Bainbridge Island Municipal Code to insure that Chapter 9.07 is consistent with changes in state law regarding the prosecution of controlled substances and possession of drug paraphernalia; and WHEREAS, in June 2015, the state legislature passed HB 2136 (Chapter 4, Laws of 2015, 2„d Special Session), repealing RCW 69.50.425 and the mandatory minimum penalties imposed therein for violations of Chapter 69.50 RCW; and WHEREAS, while possession of one ounce of marijuana carries no criminal penalty, the City wishes to adopt by reference RCW 69.50.4014 making possession of up to 40 grams of marijuana NOW, THEREFORE, the City Council of the City of Bainbridge Island, Washington, do ordain as follows: Section 1. Chapter 9.07 BIMC, Controlled Substances, Paraphernalia and Toxic _fumes, Amended. Chapter 9.07 of the Bainbridge Island Municipal Code, entitled "Controlled Substances, Paraphernalia and Toxic Fumes," is hereby amended to read as follows: Chapter 9.07 CONTROLLED SUBSTANCES, PARAPHERNALIA AND TOXIC FUMES Sections: 9.07.010 Controlled substance— State statutes adopted by reference. 9.07.020 Possession of paraphernalia prohibited. 9.07.030 Inhaling toxic fumes. 9.07.040 Drug traffickers. 9.07.010 Controlled substance — State statutes adopted by reference. The following statutes of the state of Washington are adopted by reference as if set forth in full herein: RCW 69.41.010 Definitions. 69.41.020 Prohibited acts — Information not privileged communication. 69.41.030 Sale, delivery or possession of legend drug without prescription or order prohibited — Exceptions — Penalty. 69.41.040 Prescription requirements. 69.41.042 Record requirements. 69.41.050 Labeling requirements — Penalty. 69.41.060 Search and seizure. 69.41.072 Violations of chapter 69.50 RCW not to be charged under chapter 69.41 RCW — Exception. 69.41.170 Coercion of pharmacist prohibited — Penalty. 69.41.300 Definitions. 69.41.320 Practitioners — Restricted use — Medical records. 69.41.350 Penalties. 69.43.020 Receipt of substance from source outside state — Report — Penalty. 69.43.030 Exemptions. 69.43.035 Suspicious transactions — Report — Penalty. 69.43.043 Recordkeeping requirements — Penalty. 69.43.090 Permit to sell, transfer, furnish or receive substance — Exemptions — Application for permit — Fee — Renewal — Penalty. 69.50.101 Definitions. 69.50.102 Drug paraphernalia — Definitions. 69.50.204 Schedule I. [Marijuana, -(c)(22)]. 69.50.309 Containers. 69.50.315 Medical assistance — Drug-related overdose — Prosecution for possession. 69.50.401 Prohibited Acts: A — Penalties. 69.50.4014 Possession of forty grams or less of marijuana — Penalty. 69.50.4016 Provisions not applicable to offenses under RCW 69.50.410. 69.50.404 Penalties under other laws. 69.50.405 Bar to prosecution. 69.50.408 Second or subsequent offenses. 69.50.412 Prohibited Acts: E — Penalties. 69.50.4121 Drug paraphernalia — Selling or giving — Penalty. 69.50.435 Violations committed in or on certain public places or facilities — Additional penalty — Defenses — Construction — Definitions. 69.50.445 Opening package of or consuming marijuana, useable marijuana, marijuana -infused products, or marijuana concentrates in view of general public or public place — Penalty. 69.50.450 Butane or other explosive gases.69.50.505 Seizure and forfeiture. 2 69.50.506 Burden of proof. 69.50.509 Search and seizure of controlled substances. 69.50.515 Pharmacies — Marijuana — Notification and disposal. 69.50.560 Controlled purchase programs — Persons under age twenty-one — Violation — Criminal penalty — Exceptions. 69.50.575 Cannabis health and beauty aids. 9.07.020 Possession of paraphernalia prohibited. No person shall possess any drug paraphernalia as defined in RCW 69.50.102 with the intent to use or employ the same for manufacturing and/or consuming controlled substances. 9.07.030 Inhaling toxic fumes. The following statutes of the state of Washington are adopted by reference: RC W 9.47A.010 Definition. 9.47A.020 Unlawful inhalation — Exception. 9.47A.030 Possession of certain substances prohibited, when. 9.47A.040 Sale of certain substances prohibited, when. 9.07.040 Drug traffickers. The following statutes of the state of Washington are adopted by reference: RC W 10.66.010 Definitions. 10.66.020 When order may be issued. 10.66.030 Hearing — Summons. 10.66.040 Ex parte temporary order — Hearing — Notice. 10.66.050 Additional relief — PADT area. 10.66.060 Bond or security. 10.66.070 Appearance of party. 10.66.080 Notice of order to law enforcement agency. 10.66.090 Penalties. 10.66.100 Additional penalties. 10.66.130 Modification of order — Notice to law enforcement agency. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state 3 or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 3. This ordinance shall take effect and be in force five (5) days from its passage, approval, and publication as required by law. PASSED BY THE CITY COUNCIL this 19th day of January, 2016. APPROVED BY THE MAYOR this 19th day of January, 2016. ATTEST/AUTHENTICATE: ,io� Rosalind D. Lassoff, CMC, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: I ; &,= aI Tollefson, May r December 30, 2015 January 19, 2016 January 22, 2016 January 27, 2016 2016-03 4