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Ordinance 3193ORDINANCE NO. 3193 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROHIBITING THE POSSESSION OF CIGARETTES BY A MINOR, FIXING A PENALTY FOR A VIOLATION OF THE SAME AND FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE. WHEREAS, the City Council wants to prevent persons under the age of eighteen from possessing cigarettes and other tobacco products; and WHEREAS, the City finds that the possession of tobacco products by persons under eighteen is a matter of public health and safety; NOW THEREFORE, THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.46.070 Unlawful possession of cigarettes by a minor is hereby added to read as follows: 5.46.070 Unlawful possession of cigarettes by a minor. A. A person under the age of eighteen who possesses cigarettes or tobacco products in a public place within the city shall be guilty of a civil infraction and for each such offense shall be punished by: 1. A fine not to exceed $50.00; or 2. Participation in a smoking cessation program or both. B. This provision will not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement or local health department activity. C. Any person who fails to respond to or to appear in court in response to a notice of violation under this chapter, shall be deemed to have violated ECC 5.01.045 and be subject to the penalty listed in that section. Section 2. Severbilitv. If any section, sentence, clause or phrase of this ordinance ORDINANCE NO. 3193 CDI177895.1SM/0006.900000P 1 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 exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect 5 days after passage and publication of an approved summary thereof consisting of the title. APPROVED: �r MAYOR, BARBARA S. FAHEY ATTEST /AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE O T IT ORNEY: BY: W. SCOTT SNYDER FILED WITH THE CITY CLERK: 02/28/98 PASSED BY THE CITY COUNCIL: 03/02/98 PUBLISHED: 03/08/98 EFFECTIVE DATE: 03/13/98 ORDINANCE NO.: 3193 ORDINANCE NO. 3193 CD1177895.1SM/0006.900000P 2 SUMMARY OF ORDINANCE NO. 3193 of the City of Edmonds, Washington On March 2, 1998, the City Council of the City of Edmonds, Washington, approved Ordinance No. 3193, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROHIBITING THE POSSESSION OF CIGARETTES BY A MINOR, FIXING A PENALTY FOR A VIOLATION OF THE SAME AND FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE. The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of March 2, 1998. Z4-., CITY CLERK, SANDRA S. CHASE Affidavit of Publication STATE OF WASHINGTON, ts. COUNTY OF SNOHOMISH, RECEIVED MAR 1 11998 EDMONDS CITY CLERK SUMMARY of The undersigned, being first duly sworn on oath deposes and says ORDINANCE NO. 3193 of the City of i that she is Principal Clerk of THE HERALD, a daily newspaper Edmonds. Washin ton On ncil of 2, the 9, City cit0 printed and' published in the City of Everett, County of Snohomish, Imonds, appproved Ordi nts o °wh ch 3irehsumma. and State of Washington; that said newspaper is a newspaper of ad hits title as follows: f ORDINANCE OF THE TY OF £DMONDS, WASH- general circulation in said County and State; that said newspaper 1SSESSI ON HIOF THE iTTES BY A MINOR, FIXIN& has been approved as a legal newspaper by order of the Superior PENALTY FOR A VIOLA -" (INr,OA THE SAME - AND Court of Snohomish County and that the notice ......... ............................... ZAmt SHALL BECOME' EFFECTIVE. The full text of this Ordf -I nance will be mailed upon request. APPROVED by the City'' Council at their meeting of March 2, 1998. City Clerk SDRA t. CHASE Published: Ma 8. 1998. B -2 -1 Summary of Ordinance No. 3193 ..............................................................................--------.................. ............................... 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: March 8, 1998 ........................................................................................................ .............................. ---------- ** ......... ...... ................. an hat' said newspaper wi � e�ularly stributed to its subscribers duri lz all of said period. `` ............. .. ............................. Principal Clerk Subscribed and sworn to before me this ............ 9th........ d March..... . .... / ......:........ .. ......... 19....98 - - ---y - -... . -- ....... ............. ........... ........... Notar Public In and for t Stat of Washington, residing at Everett, Snoh . ty. hflTi4gy tA� pU9t�G 2 �' 9� 5 -� 9 -sa �s6�� OF WAS��/