Ordinance 25-011 SVMC 8.60 Endangerment with a controlled substanceCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.25 — 011
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY ADOPTING A NEW CHAPTER 8.60
OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO ENDANGERMENT WITH
A CONTROLLED SUBSTANCE, AND OTHER MATTERS RELATED THERETO
WHEREAS, pursuant to the police powers afforded to the City within Article XI, section 11 of the
Washington State Constitution, and RCW 35A.11.020, the City has the authority to adopt and enforce
ordinances to protect the public health, safety and welfare; and
WHEREAS, according to the Washington State Department of Health, two people die of opioid-
related overdoses in Washinton each day; and
WHEREAS, according to the Spokane Regional Health District's (SRHD) Opioid Dashboard, the
number of overdose deaths in Spokane County has steadily increased since 2020; and
WHEREAS, the Opioid Dashboard shows a total of 314 controlled substance overdose deaths in
Spokane County for 2024, 83% of which were related to opioids; and
WHEREAS, in two years, 2023 through 2024, SRHD reported a total of 734 drug related
emergency department visits among those under the age of 18, and a total of 663 among those age 65 and
older; and
WHEREAS, synthetic opioids such as fentanyl and carfentanil have disproportionately contributed
to overdose deaths in Spokane County.
WHEREAS, the presentation of controlled substances and the paraphernalia used to ingest them
have consistently evolved to appear as candies, powders, utensils, and spray; and
WHEREAS, all persons are in danger of harm due to controlled substance use, including minors
and dependent persons who are especially at risk of misconstruing a dangerous controlled substances and
related paraphernalia for a harmless food, treat, or toy; and
WHEREAS, RCW 9A.42.100 only criminalizes knowingly or intentionally permitting dependent
children or adults to be exposed to, ingest, inhale or have contact with methamphetamine or specific
ingredients utilized for its production; and
WHEREAS, the City supports efforts of the State Legislature to amend RCW 9A.42.100 in such a
way that criminalizes recklessly or knowingly permitting a child or dependent person to be exposed to,
ingest, inhale, absorb or have contact with any controlled substance including synthetic opioids; and
WHEREAS, the City Council of the City of Spokane Valley find that it is appropriate and necessary
in protecting the public health, safety, and welfare to take immediate steps to protect children and all other
persons from the dangers of exposure to controlled substances.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as
follows:
Section 1. Findings. Illicit use of controlled substances in Washington State, and in Spokane
County, has been and remains a public health crisis affecting the entire region and local communities. The
Spokane Regional Health District (SRHD) has recorded increases of emergency department visits and
deaths related to controlled substances in general, and particularly those related to the use of opioids and
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fentanyl. According to the SRHD Opioid Dashboard, the number of emergency department visits related
to drugs among children and those 65 years of age and older in Spokane County has remained at or above
the rates reported for all of Washington. The City Council finds that the opioid crisis, and the unlawful use
of controlled substances in general, has created an environment that exposes children, all persons to risk of
serious injury or death. Due to the foregoing, this Ordinance 25-011, is necessary to protect the public
health, safety, and welfare of all persons, but especially the most vulnerable of our community.
Section 2. Purpose. The purpose of this Ordinance 25-011 is to adopt a new chapter of the
Spokane Valley Municipal Code (SVMC) that specifically criminalizes the reckless or knowing exposure
of controlled substances to children or any other person.
Section 3. Adoption. A new chapter 8.60 SVMC is hereby adopted to read as follows:
Chapter 8.60
Endangerment with a Controlled Substance
Sections:
8.60.010
Definitions
8.60.020
Endangerment with a Controlled Substance
8.60.030
Penalty for violation
8.60.040
Preemption
8.60.010 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. "Child" shall mean the same as the term is defined in RCW 9A.42.010.
B. "Controlled substance" shall mean the same as the term is defined in RCW 69.50.101.
8.60.020 Endangerment with a Controlled Substance.
A. A person is guilty of the crime of endangerment with a controlled substance if the person
knowingly or recklessly causes a child or any other person to ingest, inhale, absorb, or have
contact with any controlled substance listed in RCW 69.50.204 "Schedule I", or RCW
69.50.206 "Schedule Il", except as expressly permitted by law.
B. Administering or providing a controlled substance to a child or dependent person in the
course of delivering health care services pursuant to and in accordance with a valid
prescription or order of a licensed health care practitioner is not a violation of this chapter.
C. This chapter shall not apply to, nor be deemed or construed to conflict with, conduct
specifically prohibited by RCW 9A.42.100.
8.60.030 Penalty for Violations.
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A. Any person who violates this chapter is guilty of a gross misdemeanor punishable by up to
364 days in jail and a $5,000 fine. Punishment shall be as follows:
1. Upon a person's first conviction for a violation of this chapter, that person shall be
ordered to imprisonment for no less than 90 days nor more than 364 days; and a fine up
to $5,000.
2. Upon a person's second or subsequent conviction for a violation of this chapter, that
person shall be ordered to imprisonment for no less than 180 days nor more than 364
days; and a fine up to $5,000.
8.60.040 Preemption
In the event the Washington State Legislature passes a law preempting this chapter, this chapter
shall cease to have effect on the same date the statute comes into effect. Any violation of this
chapter that occurs prior to the preempting statute coming into effect may be prosecuted and
punished pursuant to this chapter.
Section 4. Other sections unchanged. All other provisions of Title 8 SVMC not specifically
referenced herein shall remain in full force and effect.
Section 5. Severability. 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 or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect five (5) days after
the date of publication of this Ordinance or a summary thereof in the official newspaper of the City.
PASSED by the City Council this 8" day of July, 2025.
Mayor, Pam a ey
ATTEST:
Marci itterson, City Clerk
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