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<br /> <br /> <br /> <br /> <br /> <br />ORDINANCE NO. ________ <br /> <br />An Ordinance relating to reusable bags, Repealing Ordinance No. 3643-18. <br /> <br />WHEREAS, <br /> <br />A. The State Legislature has enacted a new law regulating use of reusable carryout bags in <br />Washington State, codified at Chapter 70A.530 RCW. This law, at RCW 70A.530.050, expressly <br />preempts local ordinances. <br />B. This State Law was originally intended to go into effect in 2020, but that was delayed several times <br />due to the COVID-19 pandemic. Emergency orders issued by the Governor have prevented <br />enforcement of local and state carryout bag regulations. The State Law is now expected to go into <br />effect October 1, 2021. <br />C. Since our local ordinance regulating reusable carryout bags is preempted by the new State Law, <br />Ordinance No. 3643-18 should be repealed. <br /> <br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> <br />Section 1. Ordinance No. 3643-18 (codified at Chapter 8.21 EMC): <br /> <br />Is hereby repealed. <br /> <br />Section 2. The City Clerk and the codifiers of this Ordinance are authorized to make necessary <br />corrections to this Ordinance including, but not limited to, the correction of scrivener’s/clerical errors, <br />references, ordinance numbering, section/subsection numbers, and any internal references. <br /> <br />Section 3. The City Council hereby declares that should any section, paragraph, sentence, clause or <br />phrase of this ordinance be declared invalid for any reason, it is the intent of the City Council that it <br />would have passed all portions of this ordinance independent of the elimination of any such portion as <br />may be declared invalid. <br />Section 4. The enactment of this Ordinance shall not affect any case, proceeding, appeal or other <br />matter currently pending in any court or in any way modify any right or liability, civil or criminal, which <br />may be in existence on the effective date of this Ordinance. <br /> <br />Section 5. It is expressly the purpose of this Ordinance to provide for and promote the health, safety <br />and welfare of the general public and not to create or otherwise establish or designate any particular <br />class or group of persons who will or should be especially protected or benefited by the terms of this <br />Ordinance. It is the specific intent of this Ordinance that no provision or any term used in this Ordinance <br />is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing