Ext Issuance of Emergency Rule: Temp. Suspension of Chap. 6.20 Single-Use Plastic Bag ProhibitionCity of Port Orchard
EXTENSION OF
PROCLAMATION & ISSUANCE OF EMERGENCY RULE:
TEMPORARY SUSPENSION OF CHAPTER 6.20 POMC
SINGLE-USE PLASTIC BAG PROHIBITION
WHEREAS, the global health pandemic due to the novel coronavirus COVID-I9
continues to threaten the public health and safety of the City's residents; and
WHEREAS, on February 29.2020, the Governor of the State of Washington proclaimed
a State of Emergency due to COVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization classified the global
spread of COVID-19 as a pandemic, and urged all governments to take action now to stem
the spread of the disease; and
WHEREAS, on March 13,2020. the President of the United States declared a national
emergency due to the COVID-19 pandemic; and
WHEREAS, on March 16,2020, the Mayor issued a Proclamation of Local Emergency,
pertaining to the spread of the novel coronavirus known and COVID-l9, and also
proclaimed that emergency operations under Chapter 2.80 of the Port Orchard Municipal
Code (POMC) and the utilization of emergency powers granted under RCW 38.52.070
were in effect, and the City Council ratified the same; and
WHEREAS, the Centers for Disease Control and Prevention (CDC) recommends
"extensive community mitigation activities" to slow the spread of, and minimize morbidity
and mortality caused by, COVID-19; and
WHEREASE, on March 23, the Governor issued a "stay at home" order and expanded
protections against COVID-19; and
WHEREAS, to mitigate and reduce the transmission of COVID-I9, it is an appropriate
and responsible mitigation measure to allow retail establishments to provide single-use
paper or plastic bags to customers, so as to limit the use of reusable bags from homes; and
WHEREAS. RCW 38.52.070 establishes emergency and disaster response powers, and
authorizes the City to, among other things, take steps to protect the health and safety of
persons and property; and
WHEREAS, under the emergency powers authorized under POMC 2.80.210, during a
declared emergency the Mayor is authorized to take emergency protective measures
deemed appropriate; and
WHEREAS, the Mayor finds that it is in the best interest of the public health and welfare,
including the health of those employed in the retail industry, to temporarily suspend the
regulations adopted under Chapter 6.20 POMC, "Plastic Bag Reduction" which precludes
the use of single-use plastic bags or requires a $0.08 charge for a recycled paper carryout
bag or reusable carryout bag;
NOW, THEREFORE, THE MAYOR OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY PROCLAIMS THE FOLLOWING:
1. Recitals. The recitals set forth above, which are incorporated herein by reference, are
adopted as findings in support of the emergency rule established by this proclamation.
2. Pandemic Emergency Rule: Suspension of Ch. 6.20 POMC. Plastic Bag Reduction
Policy: The Mayor hereby issues the following emergency rule:
A. Chapter 6.20 of the Port Orchard Municipal Code is hereafter suspended
for the duration identified herein. This suspension includes, but is not
limited to, those regulations that prohibit retail establishments in the City
from providing single-use plastic carryout bags to customers.
B. Retail establishments are not required to charge $0.08 for providing
recycled paper carryout bags or reusable carryout bags to customers.
3. Effective date. This proclamation and emergency rule shall be in full force and effect
upon signature of the Mayor, and shall expire in ninety (90) days, unless the Mayor
determines an extension is necessary for public health. This emergency rule shall be
submitted to the City Council for ratification at the earliest practicable time.
Dated this 23'd day of June,2020.
Robert Mayor
ATTESTED
City Clerk
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