Ordinance 30270006.070.005
PAO /nkr /gjz
11/29/94
R:6/02/95PAO
ORDINANCE NO. 3027
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, REPEALING THE PENALTY CLAUSES FOR
CHAPTER 5.27 OF THE EDMONDS CITY CODE,
FIREWORKS, AND REPLACING IT WITH A PROVISION
MAKING IT A CIVIL INFRACTION WITH PROGRESSIVELY
INCREASING FINES FOR VIOLATION OF THE FIREWORKS
CHAPTER EXCEPT FOR VIOLATIONS THAT CONSTITUTE
STATE LAW VIOLATIONS, WHICH ARE TO BE SUBJECT
TO STATE LAW PENALTIES, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, Edmonds Municipal Code Section 5.27.210 erroneously refers to a
fine as a criminal penalty and also imposes a penalty for the violation of a code section that has
been repealed, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 5.27.210 of the Edmonds Municipal Code is hereby repealed
and replaced with the following:
5.27.210 Penalty and Violations.
Any person violating or failing to comply with the provisions of
this Chapter which does not also constitute a violation of state law
shall be guilty of a civil infraction and upon conviction thereof,
shall be punished by a fine of $50 for the first offense, $100 for
the second offense, $150 for the third offense and $200 for each
subsequent offense within a three year period. Any violation of
this Chapter which also constitutes a violation of state law shall be
8M.10 -1-
punishable under state law penalties. In addition, any fireworks
that are involved in the violation may be confiscated.
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:
• �' •
IP
ATTEST /AUTHENTICATED :
Sandra S. Chase, City Clerk.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: 6/2/95
PASSED BY THE CITY COUNCIL: 6/6/95
PUBLISHED: 6/11/95
EFFECTIVE DATE: 6/16/95
ORDINANCE NO. 3027
8M.io -2-
SUMMARY OF ORDINANCE NO. 3027
of the City of Edmonds, Washington
On the 6th day of June , 199 5 , the City Council of the City of Edmonds,
passed Ordinance No. 3n7— A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, REPEALING THE PENALTY CLAUSES FOR
CHAPTER 5.27 OF THE EDMONDS CITY CODE,
FIREWORKS, AND REPLACING IT WITH A PROVISION
MAKING IT A CIVIL INFRACTION WITH PROGRESSIVELY
INCREASING FINES FOR VIOLATION OF THE FIREWORKS
CHAPTER EXCEPT FOR VIOLATIONS THAT CONSTITUTE
STATE LAW VIOLATIONS, WHICH ARE TO BE SUBJECT
TO STATE LAW PENALTIES, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 7th day of June , 199 5 .
ITY CLERK, .SANDRA 5. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHODIIISH,
SUMMARY OF
ORDINANCE NO. 3027
of the City of
Edmonds Washington
On the 6t6 day of June,
1995; the City Council of,the
City of on
Edmds passed
Ordinance No. 302'/:.A sum
mary of the content :of., said
ordinance, consisting of" he
title, provides as follows:
AN ORDINANCE OF :THE.I
CITY OF EDMONDS, WASH -'
"'TON REPEALING THE
PENALTf: CLAUSES FOR
CHAPTER -. 5.27 OF THE
EDMONDS`CITY.. CODE; `FIRE-
'WORKS,: AND REPLACING IT
WITH -.A '`P,'ROVISION MAKING
IT A CIVIL INFRACTION WITH
PROGRESSIVELY INCREAS-
ING. FINES FOR VIOLATION,
OF; THE FIREWORKS CHAP=
TER EXCEPT FOR VIOLA.
TIONS- THAT CONSTITUTE
STATE LAW VIOLATIONS,
WHICH ARE TO BE SUBJECT
TO STATE LAW PENALTIES
AND FIXING A TIME WHEN
THE SAME SHALL BECOME
EFFECTIVE. I I
The full text of this
Ordinance will be mailed upon
reGU
DATesEt. D this 7th day of June,
1995.
SANDY S.CHASE
City Clerk .
Published: June 11, 1995.
B -2 -1
Affidavit of Publication
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,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance No. 3027
....................................................................................................... ...............................
................................... .......................................... .............. - .........................................
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:
June 11,.1995
........................ . . .. .......................................................................... ...............................
....................... ...................... ......... ................................................. ......................... ......
and that said ne ' paper was regularly di tributed to its subscribers
during all f s i period.
.......... >y.. .. ...... ---------------------------
Principal Clerk
Subscribed and sworn to before me this ....12th ........................
day of Potary�P�'ublic ..June % ........ 1995....
.. ..............................J``...... �.' - -- - -- - - - - -- ... ..-- ---- ...---- ................
in and for the St e of Washington,
residing at Everett, Snohomish oun y.
OF WA S ril,