HomeMy WebLinkAboutReg 2015-08-17 Item 6A - Ordinance - Medical Marijuana Zoning AmendmentCOUNCIL AGENDA SYNOPSIS
---------------------------- - - - - -- Initials
Meefin
,g Date
Prepared �y
M I
ayor s review
Council review
08/10/15
NG
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Ordinance
Mt g Date 8117115
08/17/15
NG
[:] Oth er
Mtg Date
yor ❑ HR DCD [:].Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PWI
SPONSOR E] Council E] Ma
SPONSOR'S State marijuana regulations and the scope of local control over medical marijuana uses
SUMMARY have been significantly changed by two recently adopted bills. In response Tukwila is
proposing to end its moratorium on collective gardens and dispensaries and adopt
amendments to its Zoning Code regulations regarding marijuana uses. Council is being
asked to consider and approve the ordinance and repeal the existing moratorium.
REVIEWED BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
F-1 Utilities Cmte F-1 Arts Comm. ❑ Parks Comm. Planning Comm.
DATE: 6/22 & 7/13 CAP & 7/23 PC COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
Comm"I'T L"I", Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
ExPi-,"NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
8/10/15
Forward to next Regular Meeting, as amended, with follow-up by DCD Depuq Directo
ITEM INFORMATION
ITEMNO.
6.A.
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SPONSOR: RACHEL TURPIN
ORIGINAL AGENDA DATE: 8/10/15
A(,, I .NDA I,i73m TiTi.E Medical Marijuana Zoning Ordinance
CATEGORY E Discussion
Mt g Date 8110115
❑Motion
Mt g Date
E] Resolution
Mt Date
Ordinance
Mt g Date 8117115
F-1 BidAxard
Mt Date
FJ PublicHearin g
Mt g Date 8110115
[:] Oth er
Mtg Date
yor ❑ HR DCD [:].Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PWI
SPONSOR E] Council E] Ma
SPONSOR'S State marijuana regulations and the scope of local control over medical marijuana uses
SUMMARY have been significantly changed by two recently adopted bills. In response Tukwila is
proposing to end its moratorium on collective gardens and dispensaries and adopt
amendments to its Zoning Code regulations regarding marijuana uses. Council is being
asked to consider and approve the ordinance and repeal the existing moratorium.
REVIEWED BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
F-1 Utilities Cmte F-1 Arts Comm. ❑ Parks Comm. Planning Comm.
DATE: 6/22 & 7/13 CAP & 7/23 PC COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
Comm"I'T L"I", Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
ExPi-,"NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
8/10/15
Forward to next Regular Meeting, as amended, with follow-up by DCD Depuq Directo
MTG. DATE
ATTACHMENTS
8/10/15
Informational Memorandum dated 7/31/15
A. Ordinance in Draft Form
B. Summary of Cannabis Patient Protection Act SSB 5052
Minutes from the Community Affairs and Parks Committee meeting of 6/22/15
Minutes from the Community Affairs and Parks Committee meeting of 7/13/15
Minutes from the Planning Commission meeting of 7/23/15
8/17/15
Ordinance in strike-thru underlined format
25
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
RELATING TO LAND USE AND ZONING AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTIONS 18.06.552, 18.06.553,
18.06.554, 18.06.556, 18.41.020 AND 18.50.210; ADOPTING
ZONING RESTRICTIONS ON THE PRODUCTION, PROCESSING,
AND RETAILING OF MARIJUANA USES; DESCRIBING THE
LAND USE IMPACTS TRIGGERING SUCH RESTRICTIONS;
ADDING THE TUKWILA SOUTH OVERLAY AS A PERMITTED
ZONE FOR MARIJUANA USES; ESTABLISHING PROCEDURES
FOR ENFORCEMENT OF VIOLATIONS INCLUDING ABATEMENT
OF MARIJUANA NUISANCES; REPEALING ORDINANCE NO.
2475, WHICH ESTABLISHED THE MORATORIUM ON MEDICAL
CANNABIS COLLECTIVE GARDENS OR DISPENSARIES;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Initiative 502 directed the Washington State Liquor Control Board
(WSLCB) to develop rules and regulations to:
1. Determine the number of producers, processors and retailers of marijuana
by county;
2. Develop licensing and other regulatory measures;
3. Issue licenses to producers, processors, and retailers at locations which
comply with the Initiative's distancing requirements prohibiting such uses within 1,000
feet of schools and other designated public facilities; and
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WHEREAS, Initiative 502 directed the Washington State Liquor Control Board
(WSLCB) to develop rules and regulations to:
1. Determine the number of producers, processors and retailers of marijuana
by county;
2. Develop licensing and other regulatory measures;
3. Issue licenses to producers, processors, and retailers at locations which
comply with the Initiative's distancing requirements prohibiting such uses within 1,000
feet of schools and other designated public facilities; and
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4. Establish a process for the City to comment prior to the issuance of such
licenses; and
WHEREAS, on April 24, 2015, 2SSB 5052 was approved revising the framework
under which medical marijuana producers, processors, and retailers can operate and
become licensed by the State of Washington; and
WHEREAS, the WSLCB has adopted regulations for recreational marijuana and
begun issuance of marijuana producer, processor and retail licenses to qualified
applicants; and
WHEREAS, 2SSB 5052 has established a medical marijuana endorsement to
permit a licensed recreational marijuana retailer to also sell marijuana for medical use to
qualifying patients and designated providers; and
WHEREAS, 2SSB 5052 has directed the now renamed Washington State Liquor
and Cannabis Board to develop and maintain a secure and confidential medical
marijuana authorization database of patients and designated providers; and
WHEREAS, 2SSB 5052 will repeal authorization for collective gardens on July 1,
2016; and
WHEREAS, 2SSB 5052 authorizes qualifying patients to grow a limited number of
medical marijuana plants in their own domicile; and
WHEREAS, 2ESSHB 2136 allows cities to adopt locational restrictions and to fully
prohibit medical marijuana cooperatives as described in 2SSB 5052 and 2ESSHB 2136;
and
- - - -
.. G90peratives limited
WHEREAS, the City Council wishes to clarify that the manufacture, production,
processing, retailing, possession, transportation, delivery, dispensing, application, or
administration of marijuana must comply with all applicable City laws, and that
compliance with City laws does not constitute an exemption from compliance with
applicable state and federal regulations; and
WHEREAS, the City of Tukwila believes that the health, safety, and welfare of the
community is best served by excluding from certain zones any commercial production,
processing, selling or delivery of marijuana; and
WHEREAS, the City of Tukwila adopted Ordinance No. 2475, imposing a
moratorium on medical cannabis collective gardens or dispensaries while zoning for
said uses is established; and
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WHEREAS, Ordinance No. 2475 requires formal action by the City Council to
terminate the moratorium; and
WHEREAS, the City Council studied the land use and other secondary impacts of
recreational marijuana use, and adopted Ordinance No. 2407 authorizing recreational
marijuana producers, processors and retailers within specific zoning districts to address
these impacts; and
WHEREAS, the City Council finds that no additional land use or secondary impacts
are expected due to the expansion of the recreational marijuana industry to include
medical marijuana, per regulations to be developed by the Washington State Liquor and
Cannabis Board; and
WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued
an addendum for this draft ordinance to the environmental review conducted for
Ordinance No. 2407 on June 25, 2015; and
WHEREAS, on July 23, 2015, the Planning Commission held a public hearing on
the draft zoning ordinance; and
WHEREAS, the Planning Commission recommended approval of the draft zoning
ordinance to the City Council; and
WHEREAS, on August 10, 2015, the City Council held a hearing on the draft zoning
ordinance, after proper notice, during its regular meeting; and
WHEREAS, the City Council, after due consideration, believes that certain
amendments to the City's Zoning Code are necessary; and
WHEREAS, the City Council decided to adopt a zoning ordinance and to formally
repeal the moratorium on medical cannabis collective gardens or dispensaries
(Ordinance No. 2475);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Formal Repeal of Moratorium. Ordinance No. 2475, a moratorium on
the establishment of medical cannabis collective gardens or dispensaries, is hereby
repealed.
Section 2. New Definition. A new section is hereby added to Tukwila Municipal
Code (TMC) Chapter 18.06, "Definitions," as follows:
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Marijuana Concentrates
"Marijuana concentrates" is as defined under RCW 69.50.101.
Section 3. TMC Section 18.06.552 Amended. Ordinance No. 2407 §3, as
codified at TMC Section 18.06.552, is hereby amended to read as follows:
Marijuana Processor
"Marijuana processor" means a person licensed by the state Liquor and Cannabis
Board to process marijuana, whether medical or recreational, into marijuana
concentrates, useable marijuana and marijuana- infused products; package and label
marijuana concentrates, useable marijuana and marijuana- infused products for sale in
retail outlets; and sell marijuana concentrates, useable marijuana and marijuana- infused
products at wholesale to marijuana retailers.
Section 4. TMC Section 18.06.553 Amended. Ordinance No. 2407 §4, as
codified at TMC Section 18.06.553, is hereby amended to read as follows:
Marijuana Producer
"Marijuana producer" means a person licensed by the state Liquor and Cannabis
Board to produce and sell marijuana, whether medical or recreational, at wholesale to
marijuana processors and other marijuana producers.
Section 5. TMC Section 18.06.554 Amended. Ordinance No. 2407 §5, as
codified at TMC Section 18.06.554, is hereby amended to read as follows:
Marijuana Retailer
"Marijuana retailer" means a person licensed by the state Liquor and Cannabis
Board to sell marijuana concentrates, useable marijuana, and marijuana- infused
products in a retail outlet, for either recreational or medical use.
Section 6. TMC Section 18.06.556 Amended. Ordinance No. 2407 §6, as
codified at TMC Section 18.06.556, is hereby amended to read as follows:
Marijuana- infused Products
"Marijuana- infused products" means products that contain marijuana or marijuana
extracts; are intended for human use, whether medical or recreational; and have a THC
concentration no !Treater than 10 perGent within the limits set forth in RCW 69.50.101.
The term "marijuana- infused products" does not include either useable marijuana or
marijuana concentrates.
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Section 7. TMC Section 18.41.020 Amended. Ordinance Nos. 2368 §45, 2287
§31, 2251 §57, and 2235 §10 (part), as codified at TMC Section 18.41.020, (Tukwila
South Overlay District) "Permitted Uses," are hereby amended to read as follows:
18.41.020 Permitted Uses
The following uses are permitted outright within the Tukwila South Overlay District,
subject to compliance with all other applicable requirements of the Tukwila Municipal
Code:
1. Adult daycare.
2. Adult entertainment establishments are permitted, subject to the following
location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such
uses, areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC,
RCM or TUC zone districts or any other residentially -zoned property;
(2) In or within one -half mile of:
(a) Public or private school with curricula equivalent to
elementary, junior or senior high schools, or any facility owned or operated by such
schools; and
(b) Care centers, preschools, nursery schools or other child care
facilities;
(3) In or within 1,000 feet of:
(a) public park, trail or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library.
b. The distances specified in TMC Section 18.41.020.2.a. shall be
measured by following a straight line from the nearest point of the property parcel upon
which the proposed use is to be located, to the nearest point of the parcel of property or
land use district boundary line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate
within 1,000 feet of an existing adult entertainment establishment. The distance
specified in this section shall be measured by following a straight line between the
nearest points of public entry into each establishment.
3. Amusement parks.
4. Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used
parts allowed.
5. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
6. Beauty or barber shops.
7. Bed and breakfast lodging.
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8. Bicycle repair shops.
9. Billiard or pool rooms.
10. Brew pubs.
11. Bus stations.
12. Cabinet shops or carpenter shops employing less than five people.
13. Colleges and universities.
14. Computer software development and similar uses.
15. Continuing care retirement facility.
16. Convalescent and nursing homes.
17. Convention facilities.
18. Daycare centers.
19. Dwelling (allowed after residential design manual with criteria for approval
is adopted by ordinance):
a. one detached single - family unit per lot
b. multi - family
c. multi - family units above office and retail space
d. senior citizen housing
20. Electrical substation and distribution.
21. Extended -stay hotel /motel.
22. Farming and farm - related activities.
23. Financial:
a. banking
b. mortgage
c. other services
24. Fire and police stations.
25. Fix -it, radio or television repair shops /rental shops.
26. Fraternal organizations.
27. Frozen food lockers for individual or family use.
28. Greenhouses or nurseries (commercial).
29. Hospitals.
30. Hotels.
31. Industries involved with etching, film processing, lithography, printing and
publishing.
32. Internet data /telecommunication centers.
33. Laundries:
a. self -serve
b. dry- cleaning
c. tailor, dyeing
d. commercial
34. Libraries, museums or art galleries (public).
35. Manufacturing and industrial uses that have little potential for creating off-
site noise, smoke, dust, vibration or other external environmental impacts or pollution,
including but not limited to, manufacturing, processing, assembling, packaging and /or
repairing of:
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a. Food, including, but not limited to, baked goods, beverages (including
fermenting and distilling), candy, canned or preserved foods, dairy products and by
products, frozen foods, instant foods and meats (provided that no slaughtering is
permitted);
b. Pharmaceuticals and related products, such as cosmetics and drugs.
c. Previously prepared materials including, but not limited to, bags,
brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics,
rubber, tile and wood;
d. Electronic, mechanical or precision instruments such as medical and
dental equipment, photographic goods, measurement and control devices, and
recording equipment.
36. Marijuana processor where the underlying zoning is HI or TVS.
37. Marijuana producer where the underlying zoning is HI or TVS.
38. Marijuana retailer where the underlying zoning is HI or TVS.
39. Medical and dental laboratories.
40. Motels.
41. Movie theaters with three or fewer screens.
42. Neighborhood stormwater detention and treatment facilities.
43. Offices, including:
a. outpatient medical clinic
b. dental
c. government — excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
44. Pawnbrokers.
45. Planned shopping center (mall) up to 500,000 square feet.
46. Plumbing shops (no tin work or outside storage).
47. Parks, trails, picnic areas and playgrounds (public), but not including
amusement parks, golf courses or commercial recreation.
48. Private stable.
49. Recreation facilities (commercial - indoor), athletic or health clubs.
50. Recreation facilities (commercial - indoor), including bowling alleys, skating
rinks, shooting ranges.
51. Religious facility with an assembly area of less than 750 square feet.
52. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, minivans, recreational vehicles, cargo vans and
certain trucks).
53. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
54. Research and development facilities.
55. Restaurants, including:
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
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56. Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants,
pets, jewelry, gifts, recreation equipment and sporting goods, and similar items.
57. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber /building materials, lawn and garden supplies, farm supplies.
58. Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title.
59. Schools and studios for education or self improvement.
60. Self- storage facilities.
61. Sewage lift stations.
62. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter, and screened pursuant to the
Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this
title.
63. Studios — art, photography, music, voice and dance.
64. Taverns, nightclubs.
65. Telephone exchanges.
66. Theaters for live performances only, not including adult entertainment
establishments.
67. Tow truck operations, subject to all additional State and local regulations.
68. Water pump station.
69. Vehicle storage (no customers onsite, does not include park- and -fly
operations).
70. Other uses not specifically listed in this title, which the Director determines
to be:
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 8. TMC Section 18.50.210 Amended. Ordinance No. 2407 §10, as
codified at TMC Section 18.50.210, "Marijuana Related Uses," is hereby amended to
read as follows:
A. The production, processing and retailing of marijuana is and remains illegal
under federal law. Nothing herein or as provided elsewhere in the ordinances of the
City of Tukwila is an authorization to circumvent federal law or provide permission to
any person or entity to violate federal law. Only state - licensed marijuana producers,
marijuana processors, and marijuana retailers may locate in the City of Tukwila and
then only pursuant to a license issued by the State of Washington. The purposes of
these provisions is solely to acknowledge the enactment by the state Liquor and
Cannabis Board of a state licensing procedure and to permit, but only to the extent
required by state law, marijuana producers, processors, and retailers to operate in
designated zones of the City.
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B. The production, processing, selling, or delivery of marijuana, marijuana- infused
products, or useable marijuana may not be conducted in association with any business
establishment, dwelling unit, or home occupation OF GGGpeFa located in any of the
following areas:
Low Density Residential
Medium Density Residential
High Density Residential
Mixed Use Office
Office
Residential Commercial Center
Neighborhood Commercial Center
Regional Commercial
Regional Commercial Mixed Use
Tukwila Urban Center
Commercial /Light Industrial
Light Industrial
Manufacturing Industrial Center /Light
Manufacturing Industrial Center /Heavy
C. Growth of medical marijuana for the personal medical use of an individual
qualifying patient as defined in RCW 69.51A.010 is subject to strict compliance with all
state regulations, procedures and restrictions as set forth or hereafter adopted at RCW
Chapter 69.51A.
D. The establishment, location, operation, licensing, maintenance or continuation
of a cooperative, as described in Chapter 69.51 RCW, or medical cannabis collective
gardens or dispensaries as described in RCW 69.51A.085, is prohibited in all zones of
the City. Any person who violates this subsection (18.50.210.D) shall be guilty of a
gross misdemeanor and shall be punished by a fine not to exceed $5,000.00, or by
imprisonment in jail for a term not exceeding one year, or by both such fine and
imprisonment.
E. Any violation of this section is declared to be a public nuisance per se, and, in
addition to any other remedy provided by law or equity, may be abated by the City
under the applicable provisions of this code or state law. Such violations shall be
enforced and appealed with the procedures set forth in Tukwila Municipal Code Chapter
8.45. Each day any violation of this section occurs or continues shall constitute a
separate offense.
F. Penalties.
1. Civil Infraction. Any person violating or failing to comply with this section
of the Tukwila Municipal Code, may be issued a civil infraction citation pursuant to TMC
Section 8.45.050.C. Each civil infraction shall carry with it a monetary penalty of
$200.00 for the first violation, $350.00 for a second violation of the same nature or a
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continuing violation, and $500.00 for a third or subsequent violation of the same nature
or a continuing violation.
2. Violation Notice and Order.
a. In the alternative, any person violating or failing to comply with the
provisions of this section of the Tukwila Municipal Code may be issued a Violation
Notice and Order, as set forth in TMC Chapter 8.45, that shall carry with it a cumulative
monetary penalty of $1,000.00 per day for each violation from the date set for
compliance until compliance with the Violation Notice and Order is achieved.
b. In addition to any penalty that may be imposed by the City, any person
violating or failing to comply with this section shall be liable for all damage to public or
private property arising from such violation, including the cost of restoring the affected
area to its condition prior to the violation.
c. Any penalties imposed under this section may be doubled should the
violation(s) occur within 1,000 feet of the perimeter of the grounds of any elementary or
secondary school, playground, recreation center or facility, child care center, public
park, public transit center, or library, or any game arcade to which admission is not
restricted to persons aged 21 years or older, as such terms are defined in WAC 314 -55-
010 as now enacted or hereafter amended.
d. The penalty imposed by this section under a Violation Notice and
Order constitutes a personal obligation of the person(s) responsible for the violation,
and may be collected by civil action brought in the name of the City. In addition, the
monetary penalties or costs assessed pursuant to this chapter may be assessed
against the property that is the subject of the enforcement action.
e. The Code Enforcement Officer shall have the discretion to impose
penalties in an amount lower than those set forth above.
3. Additional Relief. The City may seek legal or equitable relief to enjoin any
acts or practices and abate any condition which constitutes or will constitute a violation
of this section of the Tukwila Municipal Code. The remedies and penalties provided
herein are cumulative and shall be in addition to any other remedy provided by law.
Section 9. No Non - conforming Uses. No use that constitutes or purports to be a
marijuana producer, marijuana processor, or marijuana retailer, as those terms are
defined in this ordinance, that was engaged in that activity prior to the enactment of this
ordinance shall be deemed to have been a legally established use under the provisions
of the Tukwila Municipal Code and that use shall not be entitled to claim legal non-
conforming status.
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Section 10. Adoption of Findings of Fact. The City Council adopts as its
preliminary findings the recitals set forth above. The City Council may adopt additional
findings in the event that additional evidence is presented to the City Council.
Section 11. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 12. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 13. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2015.
ATTEST /AUTH E NTI CATE D:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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