HomeMy WebLinkAbout4408ORDINANCE NO. 4408
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing Chapter 8.02 of
the Kent City Code entitled, "single-Use Plastic and
Carryout Bags,"
RECITALS
A. On August 20, 20L9, the Kent City Council passed Ordinance 433L.
Ordinance 433L, codified at chapter 8.02 KCC, established a ban on the use
of single-use plastic bags by retail establishments.
B. Kent's ordinance prohibits retailers from providing single-use plastic
bags to customers, prohibits the use of p.aper or recyclable bags unless
constructed with a specified amount of recyclable content, requires the
collection of an eight-cent charge for the use of recyclable content bags,
and exempts from the charge those who use public assistance vouchers
from payment, A violation of the ordinance is a Class 1 civil infraction,
carrying a maximum $250 fine.
C, The ordinance was to be effective beginning March L,2020; however,
enforcement of the ordinance was suspended during the COVID-19 crisis.
D. In 2O2O, the Washington Legislature passed chapter 70A.530 RCW,
which establishes a statewide ban on single-use plastic bags'
E. Like Kent's ordinance, the state law establishes an eight-cent charge
for the use of recyclable content bags. That charge increases to twelve
cents in 2026. Chapter 70A,530 RCW exempts those who use public
1 RePeal KCC 8.O2-
Re: Single-Use Plastic and Carryout Bags
assistance vouchers from payment of the charge, Like Kent's ordinance, a
violation of the state law is a Class 1 civil infraction, carrying a maximum
$250 fine.
F. The statute was to be effective beginning January L,202L; however,
enforcement of the statute was suspended during the COVID-19 crisis' It
will be enforced once the COVID-19 emergency is lifted by the Governor.
G. Importantly, the statewide ban on single-use plastic bags in chapter
70A.530 RCW preempts Kent's local ordinance. Accordingly, chapter 8.02
KCC is being repealed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
oRpINANCE
SECTION 7, - Chapter 8.02 Repealed. Chapter 8.02 of the Kent City
Code, entitled "single-Use Plastic and Carryout Bags" is hereby repealed in
its entirety.
SECTION 2, - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect'
SECTION 3, - Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage, as provided by law.
2 RePeal KCC 8.O2-
Re: Single-llse Plastic and Carryout Bags
DANA LPH,
ATTEST:
KIMBERLEY KOMOTO, CITY C RK
APPROVED AS
RTHU
July 20,2021
Date Approved
July 2O,2O2L
Date Adopted
Julv 23,202t
Date Published
*PAT'FTTZP K, CIry ATTORNEY
3 RePeal KCC I'O2'
Re: Single-llse Plastic and Carryout Bags
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter refered to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a Legal Newspapel by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter (and not in supplement form) which was regularly
distributed to its subsuibers during the below stated period. The annexed
notice, a:
Public Notice #KENS32337
was published on July 23,2021
The full amount of the fee charged for said foregoing publication is the
sum of
Rudi Alcott
Vice President, Advertising
Subscribed and sworn to me this 23d day of July, 2021 .
otary Public for the State of Washington, Residing in
Orting, Washington
Furi-it
latl
,Classified Proof
diated tho Franohise
Agreernent and the fran-
chise will be voidable by
the City.
ORDINANCE NO. 4408
- AN ORDIMNCE ol
the City Council of the
City of K€nt, Washing-
ton, repealing Chapl€r
8.02 ol the K€nt city
Codo enlitled, "Single-
U6o Plastio and Carryout
Bags."
This ordinance shall take
etfect and be in force
thirty days from and sflor
its passage, as prorided
by law.
A copy of the compbte
texl of any ordinance will
b€ mailod upon rogu€8t
of the City Cler*.
Kimberley A. Komoto,
City Clerk
Kkornoto@KentWA.oov
253€56-5725
#9323T1
7t2312',1
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