046-21 - Ordinance - Repealing Chapter 6.20 Single-Use Plastic BagsoRDtNANCE NO.046-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REIATING TO SINGLE-USE PIASTIC CARRYOUT BAGS; REPEAIING
CHAPTER 6.20 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING
FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, in 2019 the City Council adopted Ordinance 033-19, establishing regulations
limiting the use of single-use plastic carryout bags by retail establishments in the City; and
WHEREAS, on March 24, 2020, the Mayor issued a Proclamation and Emergency Rule
establishing a temporary suspension of Chapter 6.20 of the Port Orchard Municipal Code due
to the COVID-19 public health emergency, that Proclamation was extended by the Mayor and
ratified by the City Council; and
WHEREAS, in the 2020 legislative session the Washington State Legislature enacted
Engrossed Substitute Senate Bill 5323, codified as Chapter 70A.530 RCW, which implemented a
statewide ban on single use plastic bags, a fee for certain carryout paper bags and for reusable
carryout plastic bags of a certain thickness made of recycled content, and added criteria for
compostable and reusable bags; and
WHEREAS, RCW 70A.530.050(1) provides that, "any carryout bag ordinance that was
enacted as of April t,2O2O, is preempted by this chapter"; and
WHEREAT Chapter 70A.530 RCW was effective January L, 2OZI and preempts POMC
Chapter 6.20; now, therefore,
THE C|TY COUNCTL OF THE C|TY OF PORT ORCHARD, WASHTNGTON, DO ORDAIN AS
FOLLOWS:
sEcTroN 1 Repealer. Chapter 6.20 POMC is hereby repealed in its entirety
SECTION 2. Severabilitv. lf any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and
Ordinance fVo.d&r-C\
Page 2 of 2
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of September 2021.
Robert Putaansuu, Mayor
ATTEST:SPONSOR:
MC, City Clerk Clauson, Councilmember
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
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PUBLISHED: October L, 2O2t
EFFECTIVE DATE: October 6, 2021