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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 Accordingly, chapter 8.02 KCC is being repealed.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THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: oRpINANCE SECTION 7, - Chapter 8.02 Repealed. Chapter 8.02 of the Kent City Code, entitled "single-Use Plastic and Carryout Bags" is hereby repealed in its entirety.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 Proofed by Jennifer Tribbett, 07/08/2021 02:39.'24 pm Page: 3