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No.lzso
AN ORDINANCE of the City Council of the
City of Kent, Washington, adopting section
15.08.550 of the Kent City Code, imposing a land
use moratorium and an interim official control
regarding the prohibition of community health
engagement locations, safe injection sites, and
other uses or activities designed to provide a
location for individuals to consume illicit drugs.
RECITALS
A. In September 2016, the Heroin and Opioid Addiction Task
Force convened by King County and Seattle recommended a
comprehensive strategy focusing on prevention and increasing access to
addiction treatment on demand.
B. In January 2OL7, the King County Executive and Seattle
Mayor announced they would move forward on the complete set of
recommendations including the establishment of facilities referred to as
Community Health Engagement Locations (safe injection sites),
C. Community Health Engagement Locations or similar sites
inherently attract criminal activity as the drugs consumed at those sites
are themselves illegal, and locating sites in the City of Kent may attract
additional criminal activity such as drug trafficking, burglary, and theft.
D. In June 2Ot7, the King County Council voted to limit
establishment of Community Health Engagement Locations (safe injection
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sites) only to cities whose elected leaders choose to locate these facilities
in their communities.
E. In order to thoughtfully respond to this rapidly emerging
policy issue, the City Council strongly prefers preserving the status quo by
prohibiting uses and activities in the City of Kent that are established and
designed to provide a location for individuals to consume illicit drugs.
F. State laws, RCW 354.63.220 and 36.704.390, allow for the
immediate adoption of a moratorium or interim official control without
holding a public hearing, so long as the City Council holds a public hearing
on the ordinance within sixty days of the ordinance's adoption.
G, The City Council adopts the foregoing as its findings of fact
justifying adoption of this moratorium and interim official control to protect
the public health, safety, and welfare of the residents of the City of Kent.
NOW, THEREFORE, THE CIry COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 7, - Imposition of Moratorium as an Interim Official Land
Use Control. A moratorium and an interim official control prohibiting the
locating of Community Health Engagement Locations, or safe injection
sites, within the city is hereby imposed for six (6) months, and Chapter
15.08 of the Kent City Code is amended to adopt a new section 15.08.550
as follows:
Section 15.08.550 Use prohibited in all zon¡ng districts.
Community Health Engagement Locations (CHELS) designed to provide a
hygienic environment where individuals are able to consume illegal or illicit
drugs intravenously or by any other means are prohibited in all zoning
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districts in the city. A CHEL includes all uses established or activities
undertaken for the above-defined purpose, irrespective of how the use or
activity is described. A CHEL may also be referred to as a medically
supervised injection center, supervised injection site or facility, safe
injection site, fix room, or drug consumption facility,
SECTION 2. - Duration and Scope of Interim Official Control.
Pursuant to RCW 35A.63.220 and 36.704.390, this interim official control
is recommended to be in effect for a period of six (6) months. This interim
official control may be renewed for one or more six-month periods if a
subsequent public hearing is held and findings of fact are made prior to
each renewal.
SECTION 3. - Public Hearing. Pursuant to RCW 354.63.220 and
36.704.390, the City Council shall hold a public hearing on this interim
official control within sixty (60) days of its adoption, so as to hear and
consider public comment and testimony regarding this interim official
control. Following such hearing, the City Council may adopt additional
findings of fact and may extend the interim official control for a period up
to an additional six (6) months.
SECTION 4, - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 5. - Findings of Fact The findings contained in this
Ordinance are hereby adopted as Findings of Fact to justify adoption of this
moratorium and interim official control
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SECTION 6, - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 7, - Effective Period. The moratorium and interim official
control shall take effect immediately after passage, and shall be in effect
for a period of six (6) months thereafter, and shall automatically expire at
the conclusion of that six-month period unless the same is extended as
provided in RCW 35A.63.220 or RCW 36.70A.390, or unless terminated
sooner by the City Council.
SU COOKE, MAYOR
ATTEST:
KIMBERLEY MOTO, CITY ERK
APPROVED AS TO FORM:
BRU CITY ATTORNEY
DArE APPRoVED: lb day of
DATE PUBLISHED, tB day of
201.7
20t7
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