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Home My WebLink About5204 ORDINANCE NO. 5204 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9 88 of the Bremerton Municipal code entitled "Marihuana " WHEREAS, the current provisions of Chapter 9 88 of the Bremerton Municipal Code relating to marihuana are no longer consistent with recent changes to state law as a result of Initiative Measure 502 recently passed by the voters, and WHEREAS, the City Council desires to update the provisions relating to marihuana in order to be consistent with state law and to make other related changes, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 9 88 of the Bremerton Municipal Code entitled "Manjuana" is hereby amended to read as follows Chapter 9.88 MARIXANA OFFENSES 9.88.010 DEFINITIONS. amended growing or- not, the seeds thereof-, the r-esin eK4aeted fifem any pai4 of the p1a114, and every does net inelude the fnatufe stalks ef the plant, fibef pr-edueed from the sta&s, et! er- eake fn fr om the ee other- m anu f a e twe, salt, efivattv°, > > or- the stenlized seed of the plant whAeh is ineapable of gefminatt The following definitions are hereby adopted (a) RCW 69 50 101 entitled "Definitions" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full (b) RCW 69 50 102 entitled "Drug_ paraphernalia — Definitions" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be ig ven the same force and effect as if set forth herein in full 9.88.020 MARIJUANA - POSSESSION. RCW 69 50 4013, RCW 69 50 4014 and Initiative No 502 Section 15, with the exception of those provisions contained therein for which a violation constitutes a felony crime, }care hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 1 Drug Offenses 9.88.030 MARIJUANA - IN VIEW OF GENERAL PUBLIC - INFRACTION. Chapter 69 50 RCW, Initiative No 502 Section 21 (Judicial Information System No 13C3521) to the opening, use or consumption of marijuana, usable marihuana or marihuana — infused products in view of the eg neral public is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full A person who violates this section is guilty of a class 3 civil infraction pursuant to RCW 7 80 120(l )(c) as currently enacted and as hereinafter amended from time to time 9.88.030 DRUG PARAPHERNALIA — PROHIBITED ACTS RCW 69 50 412, violation eenstAutes a felony is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9.88.050 DRUG PARAPHERNALIA — SELLING OR GIVING - INFRACTION. RCW 69 50 4121 is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9.88.040 MISDEMEANOR VIOLATIONS - MINIMUM !MPRJSONAIENT FOR MARIJUANA AND DRUG PARAPHERNALIA RCW 69 50 425 is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full A person who is convicted of a misdemeanor violation of BMC 9 88 020 or BMC 9 88 030 040 shall be subject to punishment pursuant to RCW 69 50 425 not less than twenty few (24) eenseetAive hews, and by a fine of not less than twe htmdr-ed fifly dollars ($250 00) On a seeend or- subsequent eenvietten, the fine shall net be less than five hundred dellai-7s ($500 00) These fines shall be in addition to my ether- fine er- penalty imposed Unless the eouft finds tha4 the impesitten of the fnimmum impfisenment will pose a substafAial i:tsk to the defendant's phystM or- mental well being er- that leeal jail feethites afe in —an if the eeui4 finds sueh risk er- ever-er-owding exists, it shall sen4eaee the defendan4 te a mintmu faets upen whieh the suspensten or- defe�! is based Unless the eetift finds the per-son to be indigent, the fnimmum fine shall net be suspended 9.88.070 LEGEND DRUGS — POSSESSION WITHOUT PRESCRIPTION. RCW 69 41030, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full For purposes of this section, and as defined in RCW 69 41010, "Legend 2 Drug Offenses drujzs" means any drugs which are required by state law or regulation of the state board of pharmacy to be dispensed on prescription only or are restricted to use by practitioners only A violation of this section constitutes a misdemeanor SECTION 2. Severabihty If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION3. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the �/ � day of 2)nqP"6e' 2012 L ° McDONALD, Council President ~ Approved this day of JPM&Jj' �r' , 2012 PATTY LEN , Ma r ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk RO ER A LUBOVIC ey PUBLISHED the �' day of ��4+� , 2012 EFFECTIVE the day of .Q4WkW 2012 ORDINANCE NO 15 p R \Legal \Legal \Ordmances\lega]\Manjuana (2012)3 doc 3 Drug Offenses AFFIDAVIT OF PUBLICATION Account #42742 AD#288079 STATE OF WASHINGTON COUNTY OF KITSAP I, Stacey J C Hovland, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on December 21, 2012 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $34 74 This amount has not been paid in full (Signature of cipa �rk) Subscribed and sworn to before me this day of January 8, 2013 CASSANDRA A CAPAS Notary Public in and for the State of Washington, Kitsap County Notary Public State of Washington My Commission Expires February 04, 2014 RDINANCE NO 5204 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9 88 of the Bremerton Municipal code entitled "Manjuana " PASSED by the City Council on the 19th day of December, 2012 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 AD#20130450