Loading...
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 =_$$Jixri{f#e, B SEAL