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HomeMy WebLinkAboutOrdinance 41801 ORDINANCE NO. 4180 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 6.60.090 OF THE EDMONDS CITY CODE, ENTITLED “ORDERS DURING EMERGENCY,” TO REMOVE SUBSECTION G REGARDING THE MAYOR’S AUTHORITY TO ISSUE EMERGENCY ORDERS PROHIBITING THE CARRYING OR POSSESSION OF A FIREARM. WHEREAS, the city council adopted Ordinance 4177 during a special meeting on Sunday, March 22, 2020; and WHEREAS, Ordinance 4177 was intended to update chapter 6.60 of the Edmonds City Code to ensure that the city was well prepared to respond swiftly to the COVID-19 pandemic; and WHEREAS, the mayor’s ability to issue emergency orders pursuant to Ordinance 4177 and ECC 6.60.090 was modeled after existing code provisions in the cities of Everett and Seattle; and WHEREAS, the mayor and city attorney are now recommending that the city council remove from the list of the mayor’s emergency powers the ability to prohibit the carrying or possession of a firearm; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 6.60.090 of the Edmonds City Code, entitled “Orders during emergency,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 6.60.090 Orders during emergency. Upon the proclamation of an emergency or civil emergency, the mayor, or if absent or incapacitated, the president of the city council, during the existence of such emergency or civil emergency, may make and proclaim any or all of the following orders: A. An order imposing a general curfew applicable to the city as a whole, or to such geographical area or areas of the city as deemed necessary, and during such hours as 2 deemed necessary, and from time to time modify the area or areas to which such a curfew shall apply, and the hours that such curfew will be in effect; B. An order requiring any or all business establishments to close and remain closed until further order; C. An order requiring the closure of any or all bars, taverns, liquor stores and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages, and in which such alcoholic beverages may be removed or made secure for possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the mayor’s discretion, be allowed to remain open; D. An order requiring the discontinuance of sale, distribution, or giving away of alcoholic beverages in any or all parts of the city; E. An order requiring the discontinuance of the sale, distribution, or giving away of gasoline or other liquid, flammable or combustible products in any container (other than a gasoline tank properly fixed to a motor vehicle); F. An order closing to the public any and all public places, including streets, alleys, public ways, schools, parks, beaches, amusement areas, and public buildings; G. An order prohibiting the carrying or possession of a firearm or any instrument which is capable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm, provided that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties; H. An order requesting federal and/or state assistance in combating such civil emergency; HI. An order establishing economic controls in aid of and supplementary to and consistent with federal orders relating to price stabilization or controls including: the convening and establishing of ration boards; auditing retail and wholesale ration accounts; monitoring price control operations and reporting violations to appropriate authorities; assisting in providing essential supplies to disaster victims; and advising appropriate 3 authorities concerning rationing, price control, wage and rent controls, and allocation of food and other essential commodities; IJ. An order directing the use of all public and private health, medical, and convalescent facilities and equipment to provide emergency health and medical care for injured or sick persons; JK. An order authorizing, in cooperation with utility management and appropriate state and federal agencies, the shutting off, restoration, and operation of utility services in accordance with priorities established for combating such emergency or civil emergency; KL. An order providing for the evacuation and reception of the population of the City or any part thereof; and LM. Such other orders as are imminently necessary for the protection of life and property. Section 2. Severability. 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. Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, and that the same is not subject to a referendum (RCW 35A.12.130). The region is in the midst of a state of emergency due to the COVID-19 virus and the City Council wants to ensure that the city is properly positioned to act swiftly in response to it. Section 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 5. Effective Date. This Ordinance shall take effect and be in full force and effect immediately upon passage, as set forth herein, as long as it is approved by a majority plus one of the entire membership of the Council, as required by RCW 35A.12.130. If it is only approved by a majority of the Council, it will take effect five days after passage and publication.