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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 Chapter 6.20 of the Bremerton Municipal Code entitled "Carryout Bags" is hereby repealed in its entirety: (a) "Compe.stable" means that the pr-edtiet will break down inte, ef etherwise beeome (b) "Gat!fyout bag" Fneafis any bag that is provided by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 IF V rARG ME 2 SEVERE WOMEN ME FIRS MEN 2 OMI 101 1%�'AM I MEN MERLE WON BE I WAR Son WAMWAWA&�ME�RW NO IN BEER& AN 0 IN ATARAOMPAII a ;NO rsa (4) Papef bags with a eapaeity of eight (9) peunds of less, that eentain at leastu R. 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 i0 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 0 is own Aklwawliww�l BUMBLEBEE ME ME�NWOOM NO FOR OMLWOG OEM VIM Iwo Ma WE IS v WOMIXIIAMULIM �`n.n�n TTIi !''TTT A'TTl1NC .1., the f llowing with regulations: Plastie Carryout Bags-. (a) Page 2 of 4 Cat�>yoart Bags MWMVORW�V�z I �„ a 1 11 _ • . . NV w �97 amwaffoew .201��WAMMLW �. •,, . • . a � PmUl .. �. (flirt )_—isve n$aii,y 1 NMI a ARE • , d� • . - _ ZlIff _ WAN AVENUE • • - All 0 ♦ N . 1. 1 • • l , i • • . . • , 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 ( Page 1 of 1