HomeMy WebLinkAbout5428ORDINANCE NO. 5428
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, repealing Chapter 6.20 of the Bremerton
Municipal Code entitled "Carryout Bags."
WHEREAS, on June 5, 2019, the City Council adopted Ordinance 5368 creating
Chapter 6.20 of the Bremerton Municipal Code, imposing restrictions on the use of single -use
plastic bags by retail establishments; and
WHEREAS, the Washington State Legislature enacted Engrossed Substitute
Senate Bill 5323 in March 2020; and
WHEREAS, Engrossed Substitute Senate Bill 5323, now Chapter 70A.530 RCW
imposes restrictions on the use of single -use plastic bags by retail establishments and preempts
any local ordinance enacted prior to April 1, 2020; and
WHEREAS, Chapter 70A.530 RCW prohibits a city or municipal corporation
from enacting any local carryout bag ordinance; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.20 of the Bremerton Municipal Code entitled "Carryout
Bags" is hereby repealed in its entirety:
(a) "Compe.stable" means that the pr-edtiet will break down inte, ef etherwise beeome
(b) "Gat!fyout bag" Fneafis any bag that is provided by a fetail establishment at the eheel
tand, eash register, point of sale of other point of departure to a eustomeff f6r use to tfansport 0!
Varryout bags" do not inelude!
(1) Bags used by eensumers in ide stores to package balk items, stieh Has ftuit,
�egetables, nuts, grains, eandy, greeting eards or- small hardware items sueh as nails, belts e
L6ol� VV 05 1. ..fitain er wrap ftezen foods, meat or fish regardless of whether they are prepaekag�.4",,
Page 1 of 4
Carryout Bags
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(4) Papef bags with a eapaeity of eight (9) peunds of less, that eentain at leastu
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eustomer at the point of sale that meets all of the following fequirementsl
(1) Has a material weight of lafger- than eight (8) pounds and eentains a-H
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hat have aceess to eurb.side reeyeling programs in the City;
(d) "Retail establishment" means any -person, eofper-aation, partnership, business,
f4eility, vender, organizatien or- individual that sells or prevides food, mefehandise, goods, ot. 4
farmers markets, street f�irs, and festivals.
"Reusable earfyout bag" means a bag made ef eloth of othef material with handles.
(1) Has a minimu.m. lifetime of one hundf ed twenty five (125) uses, whieh fo
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Page 2 of 4
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SECTION 2. Cof°rections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION3. Severabilih�. If any one or more sections, subsections, or sentences
of this ordinance are 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.
Page 3 of 4
Cm^tyout Bags
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the { 5 �— day of r; 2021.
Approved this i day of Se p11
ATTEST:
VKEVIN GORMAN, Council President
GREG
Mayor
APPROVED AS TO FORM:
KYLIE FINNELL, City Attorney
PUBLISHED the � 'r � day of -�}� M- r, 2021.
EFFECTIVE the --�'ti day of yo' , 2021.
ORDINANCE NO..
Page 4 of 4
Carryout Bags
U&I s a p eu fi
PART OF THE USA TODAY NETWORK
PROOF OF PUBLICATION
Angela Hoover
City Of Bremerton
345 6 Th Street Suite 100
Bremerton WA 98337
STATE OF WISCONSIN, COUNTY OF BROWN.
I, being first duly sworn on oath, deposes and says: That I am now,
and at all times embraced in the publication herein mentioned was
the principal clerk of the printers and publishers of KITSAP SUN;
that said newspaper has been approved as a legal newspaper by
the order of the Superior Court of the County of Kitsap, in which
County it is published and is now and has been for more than 6
months prior to the date of the publication hereinafter referred to,
published in the English language continually as a daily newspaper
in Bremerton, Kitsap County, Washington, a weekly newspaper in
Kitsap County, Washington and is now and during all of the said
time, was printed in an office maintained in the aforesaid place of
publication of said newspaper; that the following is a true text of an
advertisement as it was published in regular issues (and not in
supplement form) of said newspaper on the following date(s), to
wit: And on
09/03/2021
such newspaper was regularly distributed to its subscribers during
all of said period.
Subscribed and sworn to before on 09/0,3/2021
Legal CI
Notary, State of Wl,��unty of Brown
My commision expires "
Publication Cost: $13.55
Order No: 6248628
Customer No: 288797
PO #:
TI-IIS 1S NOT AN INVOICE!
Please do nol use r•enrilrance.
SHELLY HOFiA
Nota-ry Public
State of Wisconsin
# of Copies:
1
PO Box 52I73, Phoenix. A . 85072-2173
CITY OF BRE]VI ERTON,
WASH I NGTON
ORDINANCE NO. 5428
AN ORDINANCE of the City
Council of the City of
Bremerton, Washington,
repealing Chapter 6.20 of the
Bremerton Municipal Code
entitled "Carryout Bags."
ORDINANCE NO. 5429
AN ORDINANCE of the City
Council of the City of
Bremerton, Washington,
amending the Bremerton
Municipal Code Title 20
related to Drive -through
Faci I ities
PASSED by the City Council
on the 1ST day of September
20210
The full text of this ordi-
nance is available from the
City Clerk's Office, 345 Sixth
Street, Suite 100, Bremerton,
WA 98337.
#6248628, Sep. 3, 2021
RECEIVED
SEp 13 2021
OFFICE OF THE
CITY CLERK
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