034-23 - Ordinance - Drugs and Drug ParaphernaliaDocuSign Envelope ID: E7D35F82-1745-48CC-9973-OA324892F416
ORDINANCE NO. 034-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
PERTAINING TO DRUG AND DRUG PARAPHERNALIA; REPEALING PORT
ORCHARD MUNICIPAL CODE SECTIONS 9.14.020, 9.14.020, 9.14.025,
9.14.030, 9.14.040, 9.14.050, 9.14.070, 9.14.080, 9.14.090, AND
AMENDING SECTION 9.14.010 TO DEFER TO STATE STATUTE; PROVIDING
FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, Article XI Section 11 of the Washington State Constitution authorizes cities to
establish such crimes as necessary to protect the public safety, health, and welfare, so long as
said crimes do not conflict with state law; and
WHEREAS, the City adopted and enforces misdemeanors and gross misdemeanors,
including but not limited to laws pertaining to the possession and use of drugs and drug
paraphernalia, codified at Chapter 9 of the Port Orchard Municipal Code (POMC); and
WHEREAS, in response to the Washington Supreme Court's decision in State v. Blake,
197 Wn.2d. 170, 481 P.3d 521 (2021), in 2023 the Washington state legislature adopted Second
Engrossed Second Substitute Senate Bill 5536, making permanent changes in the state laws
relating to the possession and use of controlled substances; and
WHEREAS, the Bill also preempts the authority of cities to adopt local regulations
regarding certain drug paraphernalia; and
WHEREAS, the Police Chief, in conjunction with the Kitsap County Prosecuting
Attorney's Office, acting by contract as the City's municipal court prosecutor, have
recommended that the City amend its current codes to adopt changes made by the state
legislature and to allow the enforcement of those laws through the City's municipal court; and
WHEREAS, the City Council finds that it is in the best interests of the residents of Port
Orchard to take action to adopt by reference these new state laws; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Repealer. Sections 9.14.020, 9.14.020, 9.14.025, 9.14.030, 9.14.040,
9.14.050, 9.14.070, 9.14.080, and 9.14.090 of the POMC are hereby repealed.
SECTION 2. Amendment. Section 9.14.010 of the Port Orchard Municipal Code is
hereby adopted to read as follows:
9.02.010 Adoption of RCW sections in Title 69 not specifically set forth.
A. Notwithstanding the sections that are specifically adopted by reference in this title,
DocuSign Envelope ID: E7D35F82-1745-48CC-9973-OA324892F416
Ordinance No. 034-23
Page 2 of 2
all state statutes in Title 69 of the Revised Code of Washington that create misdemeanors and
gross misdemeanors and the state statutes in Title 69 necessary for the investigation, arrest,
prosecution, sentencing, confinement, and enforcement of misdemeanors and gross
misdemeanors are hereby adopted by reference as currently enacted or as hereafter amended
or recodified from time to time, and shall be given the same force and effect as if set forth
herein in full.
SECTION 2. Severability. Should any portion of this ordinance be held to be
unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Ordinance.
SECTION 3. Savings Clause. Those portions of the Port Orchard Municipal Code which
are amended by this ordinance shall remain in force and effect as set out prior to this ordinance
until the effective date of this ordinance. Such amendments shall not be construed as affecting
any existing right acquired under the laws repealed, nor as affecting any proceeding instituted
thereunder, nor any rule, regulation or order promulgated thereunder.
SECTION 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION S. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 141" day of November 2023.
ATTEST:
DocuSigned by:
369
Robert Putaansuu, Mayor
SPONSOR:
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DocuSigned by:
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ran y allace, MMC, City Clerk John Clawson, Councilmember
APPROVED AS TO FORM:
DocuSigned by:
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Charlotte A. Archer, City Attorney
PUBLISHED: Friday, November 17, 2023
EFFECTIVE DATE: November 23, 2023