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