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Ordinance 29460006.160.031 MA:are 06/18/93 ORDINANCE NO. 2946 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PENALTY PROVISIONS FOR LITTER CONTROL VIOLATIONS TO CIVIL INFRACTIONS IN COMPLIANCE WITH CERTAIN PROVISIONS OF RCW 70.93.060 TO BECOME MORE CONSISTENT WITH RECENT CHANGES IN THE STATE LAW AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, there have been recent changes to the penalty provisions for the state law on litter control, and WHEREAS, the State of Washington and its legislature have required that the criminal penalties set by Cities be the same as those set by the State, 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: 1. A Class 3 Civil Infraction, as defined in RCW 7.80.120 and - adopted herein, for littering in an amount less than or equal to one cubic foot subject to a penalty of $50.00; or 2. A Class 1 Civil Infraction, as defined in RCW 7.80.120 and - adopted herein, for littering in an amount greater than one cubic foot subject to a penalty of up to $250.00, in addition to a clean -up fee of $25.00 per cubic foot of litter. In addition to or in lieu of part 50113.1 -1- or all of the cleanup fee, a court may order the person to pick up and remove litter from the property with prior permission of the legal owner or, in the case of public property, of the agency managing the property. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: I ATTEST /AUTHENTICATED: I M-1- M-1 =i • APPROVED AS TO FORM: OFFIC OF THE CITY ATTORNEY: BY 6 .✓ FILED WITH THECITY CLERK: 07/19/93 PASSED BY THE CITY COUNCIL: 07/27/93 PUBLISHED: 08/01/93 EFFECTIVE DATE: 08/06/93 ORDINANCE NO. 2946 50113.1 -2- SUMMARY OF ORDINANCE NO. 2946 of the City of Edmonds, Washington On the 27th day of July , 1993, the City Council of the City of Edmonds, passed Ordinance No. 2946 . 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 PENALTY PROVISIONS FOR LITTER CONTROL VIOLATIONS TO CIVIL INFRACTIONS IN COMPLIANCE WITH CERTAIN PROVISIONS OF RCW 70.93.060 TO BECOME MORE CONSISTENT WITH RECENT CHANGES IN THE STATE LAW AND ESTABLISHING AN EFFECTIVE DATE. request. D. Penalty. Any person violating the provisions of this section is guilty of: 1. A Class 3 Civil Infraction, as defined in RCW 7.80.120 and adopted herein, for littering in an amount less than or equal to one cubic foot subject to a penalty of $50.00; or 2. A Class 1 Civil Infraction, as defined in RCW 7.80.120 and adopted herein, for littering in an amount greater than one cubic foot subject to a penalty of up to $250.00, in addition to a clean -up fee of $25.00 per cubic foot of litter. In addition to or in lieu of part or all of the cleanup fee, a court may order the person to pick up and remove litter from the property with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The full text of this Ordinance will be mailed upon DATED this 28th day of July , 1993. pe7l,*RRA4,00 WAw§A 0 -Mov- 0/0/�M AN ".; W"W J , Wn""n"no, 0, , p1w, Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHONISH, newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: August 1, 1993 ................................................................................•---................... ............................ - -- ....................................................................................................... ............................... and that said-- riews`paper was regularly distributed to its subscribers during ,aflfof said piriod. r` yl .. ...... ', 7 ... tom °. r ` ...... ..._._ . rincipai Clerk Subscribed and sworn to before me this ...... 1 St. ............ d ........ Au .0 19..9.3 Notary Public in and fort f Washington, residing at Everett, Sri 0 u�1 _[1 F UIV�%OTA 11P 2 O \0F �4V B -2 -1 The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, SUMMARY OF ORDINANCE N0. 2946 of On the 27th days of July, 1 93, t Edmonds, city council of the City of ordinance and State of Washington; that said newspaper is a newspaper of ofd said consisting of the fi leAprovides as follo content AN ORDINANCE OF THE CITY OF EGMONDS, WASHINGTONy general circulation in said County and State; that said newspaper AMENDING THE PENALTY PROVISIONS FOR LITTER, ANCERWITHIOCLERTAIN PROVISIONSFOFCRCWS7 93.60PTQj. has been approved as a legal newspaper by order of the Superior STATTE THE, LAMORE ND ESTABLISHING AN EFFECTIVE DATE. : D. Penalty. Any person violating the provisions of this section Ii $GRT±T . Court of Snohomish County and that the notice ......... ............................... - - I. A Class 3 Civil Infraction, as defined In RCW 7.80.120 and adopted herein, for littering in an amount less than or equar to one cubic foot subject to a Penalty of $50.00• or " Summary of Ordinance No. 2946 .................. 2. A Class 1 Civil Infraction, as defined In RCW'7.80.120 and - :cubictfoot subject to a Penalty of up o amount 50 greater i addition to .................................................................................. ............................... a clean -up fee of $25.00 per cubic foot of jitter. In addition tg or In Ileu City of Edmonds of part or all of the cleanup fee, a court may order, the person to pick up and remove litter from the property ............................................................ .................................................................... ...... with prior permission of the legal owner or, In the case of, Public text of t�'Ordinance The will be molted uponrrequest. " DATEDthis 28th day of July 1993. RHOUDA J. MARCH, City Clerk Published: August 1, 1993. �— ..... ............................... - ....................................... ------................ ............................... 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 1, 1993 ................................................................................•---................... ............................ - -- ....................................................................................................... ............................... and that said-- riews`paper was regularly distributed to its subscribers during ,aflfof said piriod. r` yl .. ...... ', 7 ... tom °. r ` ...... ..._._ . rincipai Clerk Subscribed and sworn to before me this ...... 1 St. ............ d ........ Au .0 19..9.3 Notary Public in and fort f Washington, residing at Everett, Sri 0 u�1 _[1 F UIV�%OTA 11P 2 O \0F �4V B -2 -1