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HomeMy WebLinkAbout5108ORDINANCE NO. 5 I 0 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CITY CODE CHAPTER 8.44 ENTITLED "SPECIFIC SECTION OF WASHINGTON LAWS, 1998 CHAPTER 133, SECTION 2 (1) AND (2) AND RCW SECTION 70.155.080 (1) AND (2) ADOPTED BY REFERENCE"; CREATING SECTION 8.44.,910 ENTITLED "ADOPTED COPIES FILED AND AUTHENTICATED"; CREATING SECTION 8.44.020 ENTITLED "SECTION 2 (1) OF CHAPTER 133, WASHINGTON LAWS, 1998"; AND CREATING SECTION 8.44.030 ENTITLED "SECTION 2 (2) OF CHAPTER 133, WASHINGTON LAWS, 1998". WHEREAS, the state legislature has provided that protection of adolescents' health requires a strong set of comprehensive health and law enforcement interventions as to use of tobacco products; and WHEREAS, the state legislature has provided that persons under the age of eighteen who purchase, attempt to purchase, possess, obtain or attempt to obtain cigarettes or other tobacco products shall have committed a class 3 civil infraction; and WHEREAS, the state legislature has provided that the penalty for a class 3 civil infraction shall be a fine of fifty ($50) dollars or participation in up to four hours of community service, or both; and WHEREAS, the state legislature municipal and district courts have has provided that jurisdiction for Ordinance No. 5108 June 30, 1998 Page 1 enforcement of Section 2, Chapter 133 of Washington Laws, 1998. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.PURPOSE. follows: To create Chapter WASHINGTON LAWS, The purpose of this Ordinance is as 8.44 entitled "SPECIFIC! SECTION OF 1998 CHAPTER 133, SECTION 2 (1) and (2) AND RCW SECTION 70.155.080 (1) and (2) ADOPTED BY REFERENCE" in order to adopt by reference the state legislation creating a class 3 civil infraction and penalties for the purchase, attempt to purchase, possession or obtaining or attempting to obtain cigarettes or other tobacco products by persons under the age of eighteen, and to adopt by reference the state legislation that provides for the enforcement of the state legislation through municipal and district courts. Section 2.CREATE SECTION 8.44.010 OF AUBURN CITY CO~ CF~APTER 8.44. Section 8.44.010 entitled "ADOPTED - COPIES FILED AND AUTHENTICATED,, is hereby created as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. Ordinance No. 5108 June 30, 1998 Page 2 Section 3.CREATE SECTION 8.44.020 OF AUBU~ CITY CODE CHAPTER 8.44. Section 8.44.020 entitled "SECTION 2 (1) OF CHAPTER 133, LAWS OF 1998" is hereby created as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. Section 4.CREATE SECTION 8.44.030 OF AUBU~ CITY CODE CHAPTER 8.44. Section 8.44.030 entitled "SECTION 2 (2) OF CHAPTER 133, LAWS OF 1998" is attached hereto and incorporated herein by this reference. Section 3.Constitutionality or Invalidity.. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Ordinance No. 5108 June 30, 1998 Page 3 Section 5. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. This Ordinance shall take force from and after five the Auburn City Council. effect and be in (5) days following the adoption by ATTEST: INTRODUCED: July 6, 1998 PASSED: July 6, 1998 APPROVED: July 6t 1998 CHA~L~S A. BOOTH MAYOR ~DANI ELLE DASKAM, City Clerk Michael J. Reynolds, City Attorney Ordinance No. 5108 June 30, 1998 Page 4 EXHIBIT "A" OP~DINANCE NO. 5 i 0 8 Chapter 8.44 SPECIFIC SECTION OF WASHINGTON LAWS, 1998 CHAPTER 133, SECTION 2 (1) AND (2) AND RCW 70.155.080 (1) AN]) (2) ADOPTED BY REFERENCE Sections: 8.44.010 8.44.020 1998 8.44.030 1998 is adopted by reference. 8.44.010 Adopted--Copies filed and authenticated. Section 2 (1) of Chapter 133 Washington Laws of is adopted by reference. Section 2 (2) of Chapter 133 Washington Laws of Adopted--Copies filed and authenticated. Section 2 (1) and (2) of Chapter 133 Washington Laws, 1998 as set forth in this chapter and RCW 70.155.080(1) and RCW 70.155.080(2) are hereby adopted by reference, including all future amendments or additions thereto, and under the provisions of RCW 35A.12.140, the sections codified in this Chapter shall be published as required by law, but the specified Washington Laws, 1998, Chapter 133 Section 2 (1) and (2) adopted by reference need not be published but shall be authenticated and recorded with the Auburn City Clerk, and not less than one copy of such Chapter in the form in which it was Ordinance No. 5108 Exhibit "A" Date Page 5 adopted shall forthwith be filed in the office of the Auburn City Clerk for use and examination by the public. 8.44,020 Section 2 (1) of Chapter 133, Washington Laws, 1998. Section 2 (1) of Chapter 133, Washington Laws of 1998, is adopted by this reference. 8.44.030 Section 2 Laws, 1998. Section 2 (2) of 1998, is adopted by this reference. (2) of Chapter 133, Washington of Chapter 133, Washington Laws Ordinance No. 5108 Exhibit "A" Date Page 6