ORD 13-741ORDINANCE NO. 13-741
AN ORDINANCE of the City of Federal Way, Washington, relating to
crirninal law update; creating a new section in Chapter 6.50 FWRC,
"Public Officers," amending FWRC 6.50.020, "Public of�icer defined,"
amending FWRC 6.10.030, "Statutes adopted" and repealing FWRC
6.10.035, (Amending Ord. Nos. 91-89, 99-362, 02-429, 04-458, 04-463, 05-
508, 09-601 and 12-732)
WHEREAS, Chapter 9A.80 and Chapter 42.20 of the Revised Code of Washington ("RCW 'j
set forth nine separate misdemeanors that inadvertently have not been incorporated into the Federal
Way Revised Code ("FWRC"); and
WHEREAS, on December 4tf', 2012, the City Council passed Ordinance No. 12-732 to
incorporate new laws created by Initiative 502 ("I-502") to legalize �nd regulate the possession, sale
and use of certain amounts of marijuana by persons over the age of 21 before it became effective on
December 6, 2012; and
WHEREAS, Ordinance No. 12-732 created FWRC 6.10.035 prohibiting the use of
marijuana in public; and
WHEREAS, the Revised Code of Washington has now been updated and codifies the
prohibition of public use of marijuana; and
WHEREAS, it is preferred that the FWRC adopts state law by reference so that all updates
and amendments are captured; and
WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to
incorporate the state'law into the FWRC; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAlN AS FOLLOWS:
Section l. A new section of Chapter 6.50 FWRC is hereby created:
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6.50.005 Misconduct of public officers - Statutes adopted.
The foilowinq state statutes are adopted by reference:
RCW
9A.80.010 Official misconduct.
42.20.020 Powers may not be deleqated for profit.
42.20.030 Intrusion into and refusal to surrender public office.
42.20.040 False Report.
42.20.050 Public officer makinq false certificate.
42.20.060 falsely auditinq and pavinq claims.
42.20.080 Other violations bv officers.
42.20.100 Failure of dutv bv public officer a misdemeanor.
42.20.110 Improper conduct bvi certain iustices.
Section 2. FWRC 6.50.020 is hereby amended as follows:
6.50.020 Public officer defined.
"Public officer," as used in FWRC 6.50.010�k�+�#a�e�, comprises police officers; fire chief
and his or her designees; health officers; and the public works director and his or her designees;
city c{erk and his or her designee; code enforcement personnel; and other city personnel
authorized for enforcement of city ordinances, statutes and codes.
Section 3. FWRC 6.10.030 is hereby amended as follows:
6.10.030 Statutes adopted.
The following state statutes are adopted by reference:
RCW
69.41.D20 Prohibited acts — Information not privileged communication.
69.41.030 Sale, detivery, or possession of legend drug without prescription or order prohibited
— Exceptions.
69.41.040 Prescription requirements — Penalty.
69.41.050 Labeling requirements.
69.41.320 Practitioners — Restricted use — Medical records.
69.41.350 Penalties.
69.43.010 Report to state board of pharmacy — List of substances — Modification of list —
Identification of purchasers — Report of transactions — Penalties.
69.43.020 Receipt of substance from source outside state — Report — Penalty.
69.43.030 Exemptions.
6�.43.035 Suspicious transactions — Report — Penalty.
69.43.043 Recordkeeping requirements — Penalty.
69.43.090 Permit to sell, transfier, furnish, or receive substance — Exemptions — Application for
permit — fee — Renewal — Penalty.
69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine — Sales restrictions —
Exceptions — Penalty.
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine — Sales restrictions — Penalty.
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine — Possession of more than
fifteen grams — Penalty — Exceptions.
69.43.170 Ephedrine, pseudoephedrine, phenylpropanolamine — Pilot project to record retail
transactions — Penalty.
69.50.101 Definitions.
69.50.204 Schedule I.
Ordinance IVo. 13-741 Page 2 of 4
69.50.309 Containers.
69.50.4013 Possession of controlled substance — Penalty.
69.50.4014 Possession of forty grams or less of marijuana — Penalty.
69.50.412 Prohibited acts: E— Penalties.
69.50.445 Openinq or consuminq packaqe containinq mariivana, useable mariivana, or
mariivana-infused product in view of qeneral public -- Penaltv.
69.50.505 Seizure and forfeiture.
69.50.506 Burden of proof.
69.50.509 Search and seizure of controlled substances.
Section 4. Section 6.10.035 is hereby repealed:
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Section 5. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of fhis
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 7. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 8. Effective Date. By unanimous consent, the Council finds that this ordin�nce is
Ordinance No. 13-741 Page 3 of 4
needed for the immediate preservation of public peace, health and safety and is not subject to
initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and be in full farce
upon adoption.
PASSED by the City Council of the City of Federal Way this 7th day of May, 2013.
CITY OF FEDERAL WAY
MAYOR, S IP PRIEST
ATTEST:
CITY CLERK, CARO M EI LY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 04-09-2013
PASSED BY THE CITY COUNCIL: OS-07-2013
PUBLISHED: OS-10-2013
EFFECTIVE DATE: OS-07-2013
ORDINANCE NO.: 13 741
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