HomeMy WebLinkAboutCommittee of the Whole - 15 May 2023 - Agenda - Pdf
CITY OF RENTON
AGENDA - Committee of the Whole Meeting
5:45 PM - Monday, May 15, 2023
7th Floor Council Chambers/Videoconference
1. BLAKE IMPACT AND RECOMMENDATION
a) DRAFT Ordinance
b) Presentation
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1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING AND
REPLACING TITLE VI, CHAPTER 12 OF THE RENTON MUNICIPAL CODE TO
REGULATE DANGEROUS DRUGS AND DRUG PARAPHERNALIA, AUTHORIZING
CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Washington Supreme Court, in its decision, State v. Blake, 197 Wn.2d 170
(2021), deemed Washington State’s law criminalizing possession of controlled substances as an
unconstitutional violation of due process because it did not require proof the possessor knew
they possessed the substance; and
WHEREAS, in response to Blake, Washington’s legislature enacted Senate Bill 5476,
addressing justice system responses and behavioral health prevention, treatment, and related
services by making drug possession a misdemeanor, adding a knowledge element, and requiring
the diversion of substance abusers into treatment programs in lieu of jail booking; and
WHEREAS, the provisions of Senate Bill 5476 adding the knowledge element and
penalizing possession as a misdemeanor will expire on July 1, 2023, effectively legalizing the
possession and use of dangerous drugs, such as fentanyl, heroin, and methamphetamine in
public places; and
WHEREAS, it remains punishable as a felony to manufacture, deliver, or possess with
intent to manufacture or deliver a controlled substance under existing Washington law; and
WHEREAS, the City of Renton as a non-charter code city is empowered by the Washington
constitution to enact local police, sanitary and other regulations that are not in conflict with
general laws; and
AGENDA ITEM #1. a)
ORDINANCE NO. ________
2
WHEREAS, Washington’s Supreme Court, in its decision in City of Tacoma v. Luvene, 118
Wn.2d 826 (1992), has upheld the authority of cities to criminalize certain drug-related activity
where those laws do not conflict with the state’s Uniform Controlled Substances Act;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance that are not
shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect
and unchanged.
SECTION II. Title VI, Chapter 12 of the Renton Municipal Code is repealed in its entirety
and replaced to read as follows:
CHAPTER 12
REGULATION OF DANGEROUS DRUGS AND DRUG PARAPHERNALIA
6-12-1: Definitions
6-12-2: Unlawful Public Use of Dangerous Drugs or Drug Paraphernalia
6-12-3: Possession of Dangerous Drugs
6-12-4: Unlawful Deposit of Dangerous Drugs and Drug Paraphernalia
6-12-5: Diversion Programs
6-12-6: Severability Clause
6-12-1 DEFINITIONS:
For purposes of this Chapter, the following terms shall be defined as follows:
DANGEROUS DRUGS: include any of the following:
A. Any controlled substance, excluding cannabis, or controlled substance analog as
those terms are defined in RCW 69.50.101, as those terms now exist or shall hereafter
be amended or recodified.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
3
B. Any controlled substance or legend drug that is falsely labeled so as to
appear to have been legitimately manufactured or distributed, or to mislead as to
the actual contents or nature of the substance contained therein.
C. Any legend drug. As used herein, “legend drug” means any drug which is
required by state law or regulation of the pharmacy quality assurance commission
to be dispensed on prescription only or is restricted to use by practitioners only.
DRUG PARAPHERNALIA: shall have the same meaning as the meaning provided in
RCW 69.50.102, as it currently exists or as it is hereafter amended or recodified.
PUBLIC PLACE: means an area that is generally open to public access according to
law, invitation, custom, or license. This definition is intended to include without
limitation: sidewalks, parking lots and parking garages, streets, alleys, highways,
or roads; public buildings and grounds, including schools, parks, playgrounds, and
meeting halls; establishments to which the public is invited including restaurants,
theaters, stores, gas stations, meeting halls, government offices, lobbies, halls and
dining rooms of hotels, bars, taverns, pubs, or establishments where beer or soft
drinks may be sold, and their associated parking lots, parking structures,
walkways, doorways, and entrances; railroad trains, light rail facilities, buses, and
other public conveyances of all kinds and character, and their associated stations
and platforms used in conjunction therewith which are open to use and access by
the public; and all other places of like or similar nature.
USE: means an act which is a substantial step toward manufacturing, handling,
holding, transferring, buying, selling, exchanging, displaying, concealing, storing,
AGENDA ITEM #1. a)
ORDINANCE NO. ________
4
preparing for consumption, injecting, ingesting, inhaling, or introducing into the
human body.
6-12-2 UNLAWFUL PUBLIC USE OF DANGEROUS DRUGS OR DRUG
PARAPHERNALIA:
A. It is unlawful for any person to knowingly use any dangerous drug or drug
paraphernalia in a place or manner in which such use is viewable from a public
place, except as provided below:
1. It is not a violation of this section if the circumstances of the person’s
use is expressly authorized or licensed by the laws of the State of Washington
or federal law, including but not limited to the laws found in Chapter 69.41
RCW, Chapter 69.43 RCW, Chapter 69.50 RCW, Chapter 69.51A RCW, Chapter
69.52 RCW, and Chapter 13 of Title 21 U.S.C. Ch. 13, as such laws exist or are
hereafter amended or recodified.
2. It is not a violation of this section if the person’s use is in furtherance of
a lawful written or oral prescription issued by a medical professional who is
legally licensed and authorized to prescribe the use for authorized medical
purposes.
a. This exception includes, but is not limited to, a person picking up a
lawfully prescribed medication from a licensed pharmacy and
delivering it to the patient who was prescribed the medication for
their authorized medical use.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
5
b. This exception shall not apply to any use that is in furtherance of
consumption, injection by, inhalation by, or introduction into a
person other than whom the medication was prescribed for use nor
for any use that is inconsistent with the prescribed medical use.
B. A violation of this section is a gross misdemeanor, punishable by up to 364
days in jail and a $5,000 fine.
6-12-3 POSSESSION OF DANGEROUS DRUGS:
A. It is unlawful for any person to knowingly possess a dangerous drug unless
the substance was obtained directly from, or pursuant to, a valid prescription or
order of a practitioner while acting in the course of their professional practice, or
except as otherwise authorized by Chapter 69.50 RCW.
B. A violation of this section is a gross misdemeanor, punishable by up to 364
days in jail and a $5000 fine.
6-12-4 UNLAWFUL DEPOSIT OF DANGEROUS DRUGS AND DRUG
PARAPHERNALIA:
A. It is unlawful for any person to knowingly dump, discard, deposit, throw, or
discharge any dangerous drug or any drug paraphernalia onto the ground, into
any body of water, including the municipal water supply or sewer system, or in
any public place that is not specifically designated and designed for the safe
deposit or storage of the item.
B. A violation of this section is a gross misdemeanor, punishable by up to 364
days in jail and a $5000 fine.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
6
6-12-5 DIVERSION PROGRAMS:
To the extent sufficient resources are available, those responsible for enforcing
this chapter may use community court or create diversion or therapeutic
programs designed to provide those accused of violating this chapter an
opportunity to seek needed addiction treatment. Such diversion programs may be
formally structured or allow for informal exercises of discretion. Regardless of the
availability of formal diversion programs, police officers, prosecutors, and judges
are encouraged to exercise discretion to offer leniency in sentencing and/or
diversion from conviction of charges under this Chapter for those who successfully
complete available addiction treatment or other services that are deemed helpful
to avoiding continued violations of this chapter.
6-12-6 SEVERABILITY CLAUSE:
This Chapter is specifically intended to be consistent with and not conflict with
applicable state or federal laws. If any provision of this Chapter or its application
to any person or circumstance is held invalid, the remainder of the Chapter, or the
application of the provision to other persons or circumstances shall not be
affected. To the extent a court finds that state law preempts any penalty
established in this Chapter and requires an act made unlawful by this Chapter be
punished differently than provided herein, the Renton Municipal Court shall retain
jurisdiction over the violation of this Chapter and impose the punishment required
by state law in lieu of the penalties prescribed herein.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
7
SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION V. This ordinance shall be in full force and effect thirty (30) days after
adoption. No later than five (5) days prior to such effective date, a summary consisting of this
ordinance's title shall be published in the City's official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2023.
__________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2023.
__________________________
Armondo Pavone, Mayor
AGENDA ITEM #1. a)
ORDINANCE NO. ________
8
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-ES: 2265: 5.10.23
AGENDA ITEM #1. a)
City of Renton
Blake Impact and
Recommendation
AGENDA ITEM #1. b)
Agenda Blake decision
Staff Introductions
Impacts- Renton Police
Community Comments
Recommendation
Diversion
Questions AGENDA ITEM #1. b)
Blake Decision February 2021: Washington Supreme Court rules
simple possession of drugs unconstitutional.
July 2021: SB 5476 (“Blake fix”) goes into effect,
changing possession from a felony to a misdemeanor
and prohibiting law enforcement from arresting
without two previous referrals to treatment.
July 1, 2023: SB 5476 expires making possession of
drugs no longer illegal.
Manufacturing and distribution of drugs remains a
felony and is unaffected by the expiration of SB 5476.AGENDA ITEM #1. b)
Staff Work City Attorney’s office
Police Department
EHHS
Court Administration
Finance
Public Works
AGENDA ITEM #1. b)
Impacts on
Public Safety
Welfare Checks
Drug Complaints
Narcan Use
Overdose Calls
Medical Examiners Report
AGENDA ITEM #1. b)
4901
9398 8940
3036
2020 2021 2022 2023 (Jan-April)
Welfare Checks
AGENDA ITEM #1. b)
AGENDA ITEM #1. b)
236
328
568
188
2020 2021 2022 2023 (Jan-May 8)
Drug Complaints
AGENDA ITEM #1. b)
AGENDA ITEM #1. b)
40
44
47
22
2020 2021 2022 2023 (Jan-May 5)
Narcan Use
AGENDA ITEM #1. b)
96
182
117
63
145
214
184
78
2020 2021 2022 2023 (Jan-May 8)
Overdose Calls for Service
Police Fire
AGENDA ITEM #1. b)
AGENDA ITEM #1. b)
22
40
44 47
22
2019 2020 2021 2022 2023 (Jan-May 5)
Medical Examiner's Report on OD Deaths,
Renton
AGENDA ITEM #1. b)
Community
Comments
•Resident Concerns
•Business Owners
•Auto Retailers
•Chief’s Advisory Council
•Pavilion Event Feedback
•Social Media
•Renton Police
•Kent, Auburn, Federal Way, Lynnwood,
Sumner, Everett, Marysville, Bellingham
AGENDA ITEM #1. b)
Process and
Recommendation
•Acknowledge the public health and
public safety impacts of widespread
drug use in Renton.
•Prioritize and incentivize treatment
•Deter individuals from criminal
penalties.
•Provide necessarytools to address the
public health crisis.
•Focus on the impacts of public use in
our community.AGENDA ITEM #1. b)
Partnerships &
Programs
Partnerships assisting in the development
of this new framework: PD, FD Cares,
Renton Municipal Court & EHHS
Related Programs to this subject:
•Community Outreach Support Specialist
•Security/Outreach
•Peer Navigation "Peer Renton" (provided
by those with lived experience and
training)
•"Recovery Navigator Program"
•Crisis response to domestic violence
•Substance Use Disorder assessment
and treatment
•Human Service Contracted Services AGENDA ITEM #1. b)
Recommendation:
Pass an ordinance that
makes possession and
public use of drugs illegal
RMC Chapter 6-12
Creates a gross misdemeanor under the
Renton Municipal Code for:
•Public use of "dangerous" drugs or drug
paraphernalia.
•Possession of "dangerous" drugs or drug
paraphernalia.
•Unlawful disposal of "dangerous" drugs
or drug paraphernalia.AGENDA ITEM #1. b)
Recommendation:
Emphasize opportunities
for treatment and services
RMC Chapter 6-12
6-12-5 DIVERSION PROGRAMS
•Pre-arrest tools
•After charges are filed (incentives to enter
into treatment):
•CommunityCourt
•Pre-trial Diversion
•Deferredprosecution
•Post-convictionsentencingconditions:
•Deferredsentence
•Release to treatment
•Treatment in lieu of jail
AGENDA ITEM #1. b)
Recommendation:
Adopt ordinance
•Proposed Timeline for successful
implementation:
May 15, (first reading)
May 22, (second reading)
30 day period
Ordinance takes effect by July 1, 2023
•Should the State address drug laws
before or after July 1, the city adopts
state version and/or amends RMC
ordinance.AGENDA ITEM #1. b)
Questions?AGENDA ITEM #1. b)