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Ordinance 28970006.160.070 TAR/srh 06/17/92 ORDINANCE NO. 2897 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REVISING THE PENALTY PROVISIONS FOR LITTER CONTROL VIOLATIONS TO BECOME MORE CONSISTENT WITH RECENT CHANGES IN THE STATE LAW, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, there have been some recent changes to the penalty provisions for the state law on litter control, and WHEREAS, the existing chapter on litter control for the City may be confusing in certain sections, and should become more consistent with the state penalty provision, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Litter in General. Section 6.40.030(D) of the Edmonds Municipal Code is hereby amended to read as follows: D. Penalty. Any person violating the provisions of this section is guilty of a misdemeanor and the fine or bail or forfeiture for such violation shall not be less than $50.00 for each offense. In addition thereto and/or in lieu of additional jail or fine, (except where infirmity, age or other circumstances would create a hardship) in the sound discretion of the court such person may be directed by the court to pick up and remove litter from any public place, any private residence or other property, with permission of the legal owner or other person having legal possession, for a period of not less than eight nor more than 16 hours for each offense. The maximum penalty any person may receive under this section, is 90 days jail and $1,000.00 fine. TAR22707. io -1- Section 2. Placement of Litter Receptacles. Section 6.40.040(C) of the Edmonds Municipal Code is hereby amended to read as follows: C. Penalty. Any person other than a political subdivision government agency or municipality, who fails to place such litter receptacles on the premises in the numbers and design required by state/city regulation, violating the provisions of this section, shall be subject to a fine of $10.00 for each day of violation. Section 3. Litter Thrown by Persons in Vehicles. Section 6.40.170 is hereby repealed and recodified in Section 6.40.030. Section 4. Penalties. Section 6.40.240 of the Edmonds Municipal Code is hereby amended to read as follows: Every person convicted of a violation of this chapter for which no penalty is specifically provided within the specific section violated, shall be punished by a fine of not more than $50.00 for each such violation. Each day that such violation continues shall be considered a separate offense. The penalties provided for in this chapter are specifically excluded from the provisions of Section 5.50.020 of the Edmonds Municipal Code. Section 5. Effective Date. Section 6.40.250 of the Edmonds Municipal Code is hereby repealed. Section 6. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance, or its application to a specific person or set of circumstances be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the TAR22707.10 - 2 - remaining portion of this ordinance or its application to any other person or set of circumstances. Section 7. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of the ordinance or a summary thereof consisting of the title. APPROVED: ww;z ATTEST/AUTHENTICATED: 74TV�`C�LERX, ONDA J. MARCH APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: July 19, 1992 PASSED BY THE CITY COUNCIL: July 28, 1992 PUBLISHED: August 10, 1992 EFFECTIVE DATE: August 15, 1992 ORDINANCE NO. 2897 TAR22707.10 - 3 - SUMMARY OF ORDINANCE NO. 2897 of the City of Edmonds, Washington On the 28th day of July , 1992, the City Council of the City of Edmonds, passed Ordinance No. 2897 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REVISING THE PENALTY PROVISIONS FOR LITTER CONTROL VIOLATIONS TO BECOME MORE CONSISTENT WITH RECENT CHANGES IN THE STATE LAW, AND ESTABLISHING AN EFFECTIVE DATE. request. The full text of this Ordinance will be mailed upon DATED this 29th day of July , 1992. C�TY CLERK, ►T , J. MARCH 7 JJ`r-. 1`t . JV Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHO1VTISH, ss The undersigned, being first duly sworn on oath deposes and says " SUMMARY OF. • ORDINANCE N0. 2897, that she is Principal Clerk of THE HERALD, a daily newspaper of the city of Edmonds, Washington on the. 28th day of July 1992 printed and published in the City of Everett, County of Snohomish, .the City. Council of the City o Edmonds, s sed ordin the and State of Washington; that said newspaper is a newspaper of -No2897.content of sold ordinance, consisting of the title, provides general circulation in said County and State; that said newspaper as ORDINANCE OF THE CITY follows:has EDMONDS WASHINGTON been approved as a legal newspaper by order of the Superior OF REVISING TIE PENALTq PROVISIONS FOR- LITTER Court of Snohomish County and that the notice CONTROL VIOLATIONS TO BECOME MORE CONSISTENT ........................................ 'WITH' RECENT CHANGES IN THE STAT LAW, .AND AN Er Summary of Ordinance No. .2897 .......................... -ESTABLISHIN TIVE DATE. The full, _text' of this Ordinance -I- be mailed upon requestthis 29th day of July, .................................... .................. ............................................................................. 1992. RHONDA J. MARCH City Clerk Published: August 3, 1992. a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: August 3, 1992 ................................................................... ....... .......................................... I ........ ....................................................................................................................... ............... and that said newspaper was regularly distributed to its subscribers during all of said period. I, r Principal Clerk Subscribed and sworn to before me this.....-4th Au ust �fI i ^l 1 Notary Public in and for the j$ sh- n, residing at Everett, Snoho s p , A% NOTARy`� TA 5 18-a4 � �0 B-2-1