025-20 - Ordinance - Plastic Bag Reduction PolicyORDINANCE NO.025-20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO PLASTIC BAG REDUCTION POLICY; RATIFYING
EMERGENCY PROCLAMATION AND SUSPENSION OF CHAPTER 6.20
OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on February 29, 2020, the Governor of the State of Washington proclaimed
State of Emergency in Washington due to the spread of the novel coronavirus COVID-19; and
WHEREAS, that proclamation was immediately followed by directives from the World
Health Organization, President of the United States, and federal, state and local health officials,
confirming the existence of a pandemic threatening public health and safety; and
WHEREAS, on March 16, 2020, the Mayor of Port Orchard issued a Proclamation of Local
Emergency, and that proclamation was ratified by the City Council; and
WHEREAS, since the outset of this pandemic the Centers for Disease Control and
Prevention (CDC) has recommended "extensive community mitigation activities" to slow the
spread of, and minimize morbidity and mortality caused by, COVID-19; and
WHEREAS, the CDC and other health officials have identified protective measures
necessary for local governments, businesses and residents to take to prevent the spread of the
disease; and
WHEREAS, to mitigate and reduce the transmission of COVID-19, 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, 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
regarding a Single -Use Plastic Bag Prohibition, and that Proclamation was extended by the Mayor
for an additional ninety -day period on June 23, 2020; and
WHEREAS, information from public health officials indicates that the COVID-19 pandemic
is likely to last the remainder of 2020, and potentially into early 2021; and
WHEREAS, the City Council 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,
Ordinance No. 025-20
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THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this Ordinance.
SECTION 2. Ratification. The City Council hereby ratifies the Mayor's Proclamation &
Issuance of Emergency Rule: Temporary Suspension of Chapter 6.20 POMC, Single -Use Plastic
Bag Prohibition, issued on March 24, 2020 and extended. The Council hereby ratifies and affirms
any act consistent with the authority set herein and prior to the effective date of this Ordinance.
SECTION 3. Suspension. The City Council hereby suspends the provisions of Chapter 6.20
POMC until 11:59 PM on December 31, 2020.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION 6. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 8th day of September 2020.
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Robert Putaansuu, Mayor
ATTEST:
Brandy Rinea son, MMC, City Clerk
APPROVED A5 TO FORM:
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Charlotte A. Archer, City Attorney
PUBLISHED: September 11, 2020
EFFECTIVE DATE: September 16, 2020
SPONSORED BY:
Ordinance No. 025-20
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