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HomeMy WebLinkAbout4279 ORDINANC NO. AN ORDINANCE changing penalties for possession of marijuana, and amending Chapter 9.88 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Repeal/New Section. Section 9.88.010 of the Bremerton Municipal Code is hereby repealed and a new Section 9.88.010, MARIJUANA POSSESSION, is adopted to read as follows: 9.88.010 MARIJUANA POSSESSION. Any person found guilty of possession of forty (40) grams or less of marijuana shall be guilty of a misdemeanor. Section 2. Repeal/New Section. Section 9.88.030 of the Bremerton Municipal Code is hereby repealed and a new Section 9.88.030, MISDEMEANOR VIOLATIONS - MINIMUM IMPRISONMENT, is adopted to read as follows: 9.88.030 MISDEMEANOR VIOLATIONS - MINIMUM IMPRISONMENT. A person who is convicted of a misdemeanor violation of BMC 9.88.010 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 a 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. Section 3. Effective Date. This ordinance shall become effective ten (10) days from passage and publications. APPROVED by the City Council on the first reading this // day PASSED th~ City Council of the City of Bremerton this dayof , 1989. Council President APPROVED this /~ day of 0/~.~. , 1990. LOUIS ME~R, M~or ATTEST: KATHLEEN L. McCLUSKEY, Clerk ORr.'. INAN,,.,~ ?JLi?~,_'3,~R ___ . ......... ....