HomeMy WebLinkAboutORD 61121
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 6112
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 WASTE, 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 sixty-seventh 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; and
WHEREAS, in the first special session of Washington’s sixty-eighth legislature, the Second
Engrossed Second Substitute Senate Bill 5536 was enacted into law, modifying the criminal
penalty for knowing possession of controlled substances and creating a new crime of knowing
use of controlled substances in a public place; and
WHEREAS, following the enactment of the Second Engrossed Second Substitute Senate
Bill 5536, it is unnecessary for the City to adopt its own law prohibiting knowing possession of
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controlled substances, because it already adopts and enforces state laws pursuant to Title VI,
Chapter 10 of the Renton Muncipal Code; 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
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; and
WHEREAS, the Second Engrossed Second Substitute Senate Bill 5536 more explicitly
restricts local governments from separately regulating drug paraphernalia but leaves in place
local government’s authority to regulate impacts of drugs and drug related activity consistent
with the decision in Luvene; and
WHEREAS, improper disposal of drugs and drug waste poses significant risks to the health
and safety of the public, such as first responders, public employees, volunteers, children, and
other members of the public coming into contact with or accidentally consuming, inhaling, or
being injected with Dangerous Drugs; and
WHEREAS, as a result of these risks, it is necessary to take steps to deter those who use
or otherwise handle dangerous drugs and drug waste from improperly disposing or leaving
unattended such dangerous drugs or drug waste so as to not create risks of unsafe exposures
and increased costs to maintain public places;
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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 WASTE
6-12-1: Definitions
6-12-2: Unlawful Public Dangerous Drug Activities
6-12-3: Negligent Handling of Dangerous Drugs or Drug Waste
6-12-4: Diversion Programs
6-12-5: 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.
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.
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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 WASTE: shall mean any object that is: (a) not safely controlled or stored so
as to avoid the risk of potentially harmful contact or consumption by others; and
(b) either (i) contains any Dangerous Drug (including traces or residue thereof) or
(ii) which a person observing the object reasonably concludes that the object is
likely to contain Dangerous Drugs (including traces or residue thereof).
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 alcohol 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.
6-12-2 UNLAWFUL PUBLIC DANGEROUS DRUG ACTIVITIES:
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A. It is unlawful for any person to knowingly commit an act that is viewable
from a public place if such act is a substantial step toward manufacturing,
handling, holding, transferring, buying, selling, exchanging, displaying, concealing,
or storing, or preparing for consumption, injecting, ingesting, inhaling, or
introducing into the human body any dangerous drugs, except as provided below:
1. It is not a violation of this section to commit an act that is expressly
authorized by local, state or federal laws, codes, or regulations, 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 act 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.
b. This exception shall not apply to any act that is in furtherance of
consumption, injection by, inhalation by, or introduction into a
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person other than whom the medication was prescribed for use nor
for any act that is inconsistent with the prescribed medical use.
B. A violation of this section is a gross misdemeanor, punishable as follows:
1. By imprisonment of up to 180 days in jail, or by a fine of not more
than $1,000, or by both such imprisonment and fine; or
2. If the defendant has two or more prior convictions under this
section or other state or local law regulating dangerous drugs, a third or
subsequent violation of this section is punishable by imprisonment for up to
364 days, or by a fine of not more than $1,000, or by both such imprisonment
and fine.
6-12-3 NEGLIGENT HANDLING OF DANGEROUS DRUGS OR DRUG WASTE:
A. Dangerous Drugs shall be safely stored and disposed of in accordance
with all applicable local, state, or federal laws, codes, rules, or regulations so as
to avoid risk of accidental exposure or contact by any person.
B. It is unlawful for any person to negligently dump, discard, deposit, throw,
discharge, or leave unattended any dangerous drug or any drug waste in any
public place or solid waste collection container where another person could
accidently come into contact with the dangerous drug or drug waste.
C. A violation of this section is a gross misdemeanor, punishable by up to
364 days in jail and a $5000 fine.
6-12-4 DIVERSION PROGRAMS:
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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.
6-12-5 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.
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