Loading...
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 Cnnunls , rrw:�i�r sr�7 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