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Ordinance 3822-21
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Ordinance 3822-21
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10/8/2021 9:08:56 AM
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10/8/2021 9:08:53 AM
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Ordinances
Ordinance Number
3822-21
Date
9/29/2021
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EVERETT <br /> WASHINGTON <br /> ORDINANCE NO. 3822-21 <br /> An Ordinance relating to reusable bags, Repealing Ordinance No. 3643-18. <br /> WHEREAS, <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 Ordinance No. 3643-18 should be repealed.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 /> NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1. Ordinance No. 3643-18 (codified at Chapter 8.21 EMC): <br /> Is hereby repealed. <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 /> 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 /> 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 <br />
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