Ordinance 4265ORDINANCE NO. 4265
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PENALTIES ASSOCIATED
WITH VIOLATING THE CITY'S FIREWORKS CODE.
WHEREAS, the state fireworks law is set forth in chapter 70.77 RCW; and
WHEREAS, the City's fireworks regulations are codified in chapter 5.27 ECC; and
WHEREAS, the penalty for violating the City's fireworks regulation was updated in
2020 with Ordinance 4194; and
WHEREAS, the 2020 update included language related to public safety and education
assessments (PSEA); and
WHEREAS, Ordinance 4194 did not quantify the PSEA in dollars; and
WHEREAS, the PSEA amount is substantial enough that, when combined with the new
penalties imposed by Ordinance 4194, it makes for total amount that is higher than what the city
council supports;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 5.27.210 of the Edmonds City Code, entitled "Penalty and violations,"
is hereby amended to read as follows (new text is shown in underline; deleted text is shown in
strike -threugk).
A. Except as otherwise provided in subsection B of this section, violations of this
chapter shall be punished as a non -traffic infraction, punishable by a fine of five hundred
dollars. PROVIDED THAT the base fine set forth herein shall be adjusted s❑ that the
total amount of the financial obligation to the violator is five hundred dollars after
including all public safety and education assessments (PSEA) required by state law sI}aI-1
to be added to the base fine described herein. Remission of PSEA money shall be as set
forth in state law and cannot be suspended or waived. The municipal court shall have
discretion to assess additional penalties for failure to pay or respond to notices of
infraction issued under this section as otherwise allowed by law.
B. Any person violating or failing to comply with the provisions of this chapter
which does not also constitute a violation of state law for the second time within five
years, and any subsequent violations within five years, shall be guilty of a misdemeanor
and upon conviction thereof, shall be punished by a fine of not more than $1,000 and/or
jail not to exceed 90 days PROVIDED THAT if fines are imposed the base fine set forth
herein shall be ad'usted so that the total amount of the financial obli gation to the violator
is one thousand dollars after including all public safety and education assessments
PSEA re uired by state law to be added to the base fine described herein.. Any
violation of this chapter which also constitutes a violation of state law shall be punishable
under state law penalties. In addition, any fireworks that are involved in the violation may
be confiscated.
Section 2. Severabili . If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. 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 an approved summary thereof consisting of the title.
ATTEST/AUTHENTICATED:
CLERK, SC ASS
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
APPROVED:
MAYOR,IKE NELSON
2
BY
JEFF TARADA
FILED WITH THE CITY CLERK: June 17, 2022
PASSED BY THE CITY COUNCIL: June 21, 2022
PUBLISHED: June 24, 2022
EFFECTIVE DATE: June 29, 2022
ORDINANCE NO. 4265
3
SUMMARY OF ORDINANCE NO.4265
of the City of Edmonds, Washington
On the 21" day of June, 2022, the City Council of the City of Edmonds, passed
Ordinance No. 4265. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PENALTIES
ASSOCIATED WITH VIOLATING THE CITY'S
FIREWORKS CODE.
The full text of this Ordinance will be mailed upon request.
DATED this 21 st day of June, 2022.
4
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH957375 ORD. 4264 & 4265
as it was published in the regular and entire
issue of said paper and not as a supplement
form thereof for a period of 1 issue(s), such
publication commencing on 06/24/2022 and
ending on 06/24/2022 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount • the fee fors h publication is
$29.24.
Subscribed and sworn b fore me on this
c�Gt'
day of
}
N ary Public in and for the State of
Washington.
City or Edmonds - LEGALADS 114101416
SCOTTPASSEY
ll'da Pttifffps�
Notary Public
Stale a. L'.'2shinrlton
MyApp"FiVZIL l Eryi.ei fl?Y._vM
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ti•
Classified Proof
ORDf NANCE 511MMA RY
of thery o onsis, asNnglon
On she 2taf day a} June, 202'. the CAy CouncA of the City of
Edmends, passed the Sollowfrg prd3nancea. She sammada5 of saW
ordfnancea consissing of tllles are provWed as Follows:
Oa NAHCEHO.4264
AN ORDINANCE Q . me �,' , — €1..—DS, WASHINGTON.
STANDIN
ADDING CCOUNCIL COMM FTTEE MEET NOS ANDNEW PROGRAM TO THE REGULAR AMrmND1N0 ECC
1.o4.o-f D.
HAHc Hv.4 e
AN ORDINANCE OFM E D5, WASHINGTON.
AMENDING THE PENALTIES ASSOCIATED WFH VIOLATING
THE 0I7Y'S nREMRKS CODE.
DATED fhls 21sf Day of Juror. 2022
CITY CLERK. SCOTT PASSEY
Published: June 24. 2022. FOH957375
Proofed by Phillips, Linda, 06/24/2022 01:09:44 pm Page: 2