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Ordinance 4271ORDINANCE NO. 4271 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING CHAPTER 5.26 OF THE EDMONDS CITY CODE RELATING TO SAFE GUN STORAGE AS WELL AS ORDINANCES 4120, 4121, AND 4131. WHEREAS, on July 24, 2018, the Edmonds City Council adopted Ordinance 4120; and WHEREAS, Ordinance 4120 established certain regulations related to the safe storage of firearms, which were subsequently codified in chapter 5.26 of the Edmonds City Code; and and WHEREAS, on July 24, 2018, the Edmonds City Council also adopted Ordinance 4121; WHEREAS, Ordinance 4121 amended the city's regulations related to the reporting of lost or stolen firearms, which are codified in chapter 5.24 of the Edmonds City Code; and and WHEREAS, on October 23, 2018, the Edmonds City Council adopted Ordinance 4131; WHEREAS, Ordinance 4131 amended Ordinances 4120 and 4121 to further define what constitutes a proper locking device under those ordinances; and WHEREAS, these ordinances were challenged in a lawsuit filed on August 7, 2018 by Brett Bass, Swan Seaberg, The Second Amendment Foundation, Inc., and The National Rifle Association of America, Inc.; and WHEREAS, that lawsuit was ruled on by the superior court, the court of appeals, and ultimately the supreme court; and WHEREAS, the Washington Supreme Court, filed an opinion (Bass v. City of Edmonds, 199 Wash.2d 403) on April 21, 2022 in which it held that the above ordinances are preempted by state law, specifically RCW 9.41.290; and WHEREAS, RCW 9.41.290, which was adopted in 1983 and was last amended in 1994 states as follows: The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality. ; and WHEREAS, these ordinances were found to conflict with the general laws of the state, thereby violating art. XI, section 11 of the Washington Constitution on the grounds that RCW 9.41.290 preempts the entire field of firearms regulation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repealer. Chapter 5.26 of the Edmonds City Code, entitled "Storage of Firearms," and Ordinances 4120, 4121, and 4131 are hereby repealed. Chapter 5.24 of the Edmonds City Code shall read as it did prior to the passage of Ordinance 4121. 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. Effective Date. This ordinance, being an administrative function of the city council, 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. 14 ATTESPAUTHENTIC A TED: CI E , SC❑ ASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. July 22, 2022 July 26, 2022 July 29, 2022 August 3, 2022 4271 SUMMARY OF ORDINANCE of the City of Edmonds, Washington On the 26th day of July, 2022, the City Council of the City of Edmonds, passed Ordinance No. 4271. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING CHAPTER 5.26 OF THE EDMONDS CITY CODE RELATING TO SAFE GUN STORAGE AS WELL AS ORDINANCES 4120, 4121, AND 4131. The full text of this Ordinance will be mailed upon request. DATED this 261h day of July, 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 EDH959758 ORDINANCES 4270 4271 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 07/29/2022 and ending on 07/29/2022 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount o e fee for suc publicati $32.68. Subscribed and sworn fore me on this day of Notan Public in and for the State of Washington. City of Edmond+- LEGALADS 114101416 SCO7TPASSEY Linda P11jilips Notary Public State of c,ton MY Appeonirncl�l E,[ ire`r 6 ::'9,'2p25 � Ckistlnf.5fpn }:�ni[,e7 <il� Classified Proof MAR CROINAN --- of the City oll mrs. Was'gtdn On Iha 26th day of Julryy, 2022, She City Caw¢II or the City. at Edmonds, passed tha fo6owing Ordnancen, the summaries s1;WO dtdlnances CoM1slsilrlg er lithe are load M follows: 6RflINANCE N . 4P70 AN ORDINANCE OrTHE 91TY COUN IL OF THE CITY OF EOMONOS, WASHINGTON,AMEND ING THE 8VOG17EO FULL TIMF EQUIVALENT POSITIONS AS ORIGINALLY ADOPTE0 THROUGH THE 2022 BUDGET BY ADOING CERTAIN NEW POSITIONS WITH CORRESPONDING SALARY RANGES. fi171NANC N .4 AN OROMANCE OF H t DM 0.S, WASKNGTON, REPEALING CHAPTER 5.26 OF THE EDMbNOS CITY CODE RELATING TO SAFE GUN STORAGE AS WELL AS ORDINANCES 4120, 4121, AND 4131. OATEO I" 28th Oaayy 01 Juyy 2022, CITYCLERK, SCOTT PAS5EY Published: July 29, 2022. EDH959758 Proofed by Phillips, Linda, 07/29/2022 09:02:40 am Page: 2