002-13 - Ordinance - Amending Title 9 by Adding a New Chapter 9.57 No Marijuana Use in PublicIntroduced by:
Police Chief
Requested by:
Police Chief
Drafted by:
City Attorney
Introduced:
January 22, 2013
Adopted:
January 22, 2012
ORDINANCE NO.002-13
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING TITLE 9 OF THE PORT ORCHARD MUNICIPAL CODE
BY ADDING A NEW CHAPTER 9.57 "NO MARIJUANA USE IN
PUBLIC"
WHEREAS, the citizens of Washington have approved Initiative 502 relating to
marijuana such that effective December 6, 2012 persons 21 years of age or older are allowed
to possess any combination of the following: up to 1 ounce of useable marijuana,16 ounces
of marijuana -infused product in solid form, or 72 ounces of marijuana -infused product in
liquid form; and
WHEREAS, Initiative 502 also provides that it shall be unlawful to open a package
of or consume in public view marijuana, useable marijuana or marijuana -infused products;
and
WHEREAS, the City of Port Orchard desires to amend its municipal code in order
to enforce in its municipal court the provisions of Initiative 502 that prohibit opening a
package of or consuming in public view marijuana, useable marijuana or marijuana -infused
products; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i. Port Orchard Municipal Code Title 9 is hereby amended by adding a
new chapter 9.57 to read as follows:
Chapter 9.57
NO MARIJUANA USE IN PUBLIC
Sections:
9.57.010 No marijuana use in public.
9.57.020 Violation — Penalty.
SECTION 2. Port Orchard Municipal Code title 9 is hereby amended by adding a
new section 9.57.olo to read as follows:
Ordinance No.002-13
Paize 2 of 2
9.57.010 No marijuana use in public.
It is unlawful to open a package containing marijuana,
useable marijuana, or a marijuana -infused product, or
consume marijuana, useable marijuana, or a marijuana -infused
product, in view of the general public.
SECTION 3. Port Orchard Municipal Code title 9 is hereby amended by adding a
new section 9.57.020 to read as follows:
9.57.020 Violation — Penalty.
A person violating any provisions of this chapter shall be
guilty of a class 3 civil infraction under chapter 7.8o RCW as
now or hereafter amended.
SECTION 4. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
SECTION 5. This ordinance shall be in full force and effect five (5) days after
posting and publication as required bylaw. A summary of this Ordinance maybe published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the City Clerk in authentication of such passage this 22nd day of January
2013.
Timothy C. Mattes, Mayor
ATTEST:
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held January 22, 2013.
ORDINANCE NO. 002-13
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING TITLE 9 OF THE PORT ORCHARD
MUNICIPAL CODE BY ADDING A NEW CHAPTER 9.57 "NO
MARIJUANA USE IN PUBLIC"
Copies of Ordinance No. 002-13 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 002-13 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
February 1, 2013