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Ordinance 2900ORDINANCE NO. 2900 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PENALTY PROVISIONS FOR CHAPTER 5.27 CONTAINED IN SECTION 5.27.190 OF THE EDMONDS CITY CODE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the penalty provisions contained in Chapter 5.27 have been amended by the City to simplify their structure; WHEREAS, in the process of amending certain provisions of Chapter 5.27 relating to fireworks it was noted that Section 5.27.190 was inconsistent with the provision of the general penalty provisions; and WHEREAS, the City Council deems it in the public interest to provide that a person convicted of violating the provision of Chapter 5.27, except for those regulations regarding reckless discharge or use, should not be subject to the potential for jail time; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC SECTION 5.27.190 PENALTY FOR VIOLATIONS is hereby repealed. Section 2. Chapter 5.27 FIREWORKS is hereby amended by the addition of a new section 5.27.210 PENALTY FOR VIOLATIONS to read as follows: WSS28889.1/0006.070.005 - 1 - 5.27.210 PENALTY FOR VIOLATIONS. The penalties for violation of this Chapter shall be as follows: A. Any person violating or failing to comply with the provisions of this Chapter, except as provided in Subsection B, shall be guilty of a criminal violation, and upon conviction thereof, shall be punished by a fine not to exceed $1,000.00. In addition any fireworks that are involved in the violation may be confiscated. B. Any person violating or failing to comply with the provision of Section 5.27.200 RECKLESS DISCHARGE OR USE shall be guilty of a criminal violation, and upon conviction thereof, shall be punished by a fine not to exceed $5,000.00 and/or by imprisonment not to exceed one year. In addition any fireworks that are involved in -2- the violation may be confiscated. Section 3. 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 the ordinance or a summary thereof consisting of the title. APPROVED: ATTEST/AUTHENTICATED: CITY CLERK RHONDAJ. MARCH APPROVED AS TO FORM: OFFICE OF THE CI7Y ATTORNEY: BY FILED WITH THE CITY CLERK: September 9, 1992 PASSED BY THE CITY COUNCIL: September 14, 1992 PUBLISHED: September 20, 1992 EFFECTIVE DATE: September 25, 1992 ORDINANCE NO. 2900 -3- STATE OF WASHINGTON, COUNTY OF SNOHOMISH, 20, 1992. 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 Count and that the notice ........................................ Summary of Ordinance No. 2900 City of Edmonds - Fireworks - Penalty for Violations 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: September 20, 1992 .................................................................................................................................. ...................................................................................................................................... and that saidnewsPaper was regularly distributed to its subscribers during all of said period. ............ .................... .......... Principal Clerk Subscribed and sworn to before me this... 21st...day of. September , 1992 Notary Public in and for the State of Washington , residing at Everett, Snohomish County.