Loading...
Ordinance 30270006.070.005 PAO /nkr /gjz 11/29/94 R:6/02/95PAO ORDINANCE NO. 3027 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING THE PENALTY CLAUSES FOR CHAPTER 5.27 OF THE EDMONDS CITY CODE, FIREWORKS, AND REPLACING IT WITH A PROVISION MAKING IT A CIVIL INFRACTION WITH PROGRESSIVELY INCREASING FINES FOR VIOLATION OF THE FIREWORKS CHAPTER EXCEPT FOR VIOLATIONS THAT CONSTITUTE STATE LAW VIOLATIONS, WHICH ARE TO BE SUBJECT TO STATE LAW PENALTIES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Edmonds Municipal Code Section 5.27.210 erroneously refers to a fine as a criminal penalty and also imposes a penalty for the violation of a code section that has been repealed, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.27.210 of the Edmonds Municipal Code is hereby repealed and replaced with the following: 5.27.210 Penalty and Violations. Any person violating or failing to comply with the provisions of this Chapter which does not also constitute a violation of state law shall be guilty of a civil infraction and upon conviction thereof, shall be punished by a fine of $50 for the first offense, $100 for the second offense, $150 for the third offense and $200 for each subsequent offense within a three year period. Any violation of this Chapter which also constitutes a violation of state law shall be 8M.10 -1- punishable under state law penalties. In addition, any fireworks that are involved in the violation may be confiscated. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance 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 administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: • �' • IP ATTEST /AUTHENTICATED : Sandra S. Chase, City Clerk. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: 6/2/95 PASSED BY THE CITY COUNCIL: 6/6/95 PUBLISHED: 6/11/95 EFFECTIVE DATE: 6/16/95 ORDINANCE NO. 3027 8M.io -2- SUMMARY OF ORDINANCE NO. 3027 of the City of Edmonds, Washington On the 6th day of June , 199 5 , the City Council of the City of Edmonds, passed Ordinance No. 3n7— A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING THE PENALTY CLAUSES FOR CHAPTER 5.27 OF THE EDMONDS CITY CODE, FIREWORKS, AND REPLACING IT WITH A PROVISION MAKING IT A CIVIL INFRACTION WITH PROGRESSIVELY INCREASING FINES FOR VIOLATION OF THE FIREWORKS CHAPTER EXCEPT FOR VIOLATIONS THAT CONSTITUTE STATE LAW VIOLATIONS, WHICH ARE TO BE SUBJECT TO STATE LAW PENALTIES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 7th day of June , 199 5 . ITY CLERK, .SANDRA 5. CHASE STATE OF WASHINGTON, COUNTY OF SNOHODIIISH, SUMMARY OF ORDINANCE NO. 3027 of the City of Edmonds Washington On the 6t6 day of June, 1995; the City Council of,the City of on Edmds passed Ordinance No. 302'/:.A sum mary of the content :of., said ordinance, consisting of" he title, provides as follows: AN ORDINANCE OF :THE.I CITY OF EDMONDS, WASH -' "'TON REPEALING THE PENALTf: CLAUSES FOR CHAPTER -. 5.27 OF THE EDMONDS`CITY.. CODE; `FIRE- 'WORKS,: AND REPLACING IT WITH -.A '`P,'ROVISION MAKING IT A CIVIL INFRACTION WITH PROGRESSIVELY INCREAS- ING. FINES FOR VIOLATION, OF; THE FIREWORKS CHAP= TER EXCEPT FOR VIOLA. TIONS- THAT CONSTITUTE STATE LAW VIOLATIONS, WHICH ARE TO BE SUBJECT TO STATE LAW PENALTIES AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. I I The full text of this Ordinance will be mailed upon reGU DATesEt. D this 7th day of June, 1995. SANDY S.CHASE City Clerk . Published: June 11, 1995. B -2 -1 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 County and that the notice ......... ............................... Summary of Ordinance No. 3027 ....................................................................................................... ............................... ................................... .......................................... .............. - ......................................... 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: June 11,.1995 ........................ . . .. .......................................................................... ............................... ....................... ...................... ......... ................................................. ......................... ...... and that said ne ' paper was regularly di tributed to its subscribers during all f s i period. .......... >y.. .. ...... --------------------------- Principal Clerk Subscribed and sworn to before me this ....12th ........................ day of Potary�­P�'ublic ..June % ........ 1995.... .. ..............................J``...... �.' - -- - -- - - - - -- ... ..-- ---- ...---- ................ in and for the St e of Washington, residing at Everett, Snohomish oun y. OF WA S ril,