Ordinance 18-019 repeals 7.40 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 18-019
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, REPEALING CHAPTER 7.40 SPOKANE VALLEY MUNICIPAL CODE
RELATING TO ELECTRONIC CIGARETTES AND RELATED DEVICES, AND OTHER
MATTERS RELATING THERETO.
WHEREAS, the City adopted chapter 7.40 SVMC, Electronic Cigarettes and Related Devices, in
2011 to protect minors from the hazards of nicotine and the dangers of electronic cigarettes and other
devices; and
WHEREAS, the City intended chapter 7.40 SVMC to be temporary until state or federal law
governing electronic cigarettes and sales to minors was enacted; and
WHEREAS, the Washington State legislature in 2016 adopted chapter 70.345 RCW, which
regulates vapor product advertisements, prohibits sales to minors,and also preempts local ordinances from
regulating the advertisement of vapor products and the sale thereof; and
WHEREAS, RCW 70.345.210 preempts political subdivisions from adopting or enforcing
requirements for the licensure and regulation of vapor product promotions and sales at retail; and
WHEREAS, SVMC 7.40.090(B) provides: "this chapter shall be repealed on the day that state or
federal legislation goes into effect incorporating either the same or substantially similar provisions as are
contained in this chapter, or in the event that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the City"; and
WHEREAS, chapter 70.345 RCW is substantially similar to chapter 7.40 SVMC and preempts
local ordinances from enforcing requirements on the advertisement or sale of vapor products, it is
appropriate to repeal chapter 7.40 SVMC to remove a preempted section of the SVMC.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpose. The purpose and intent of this Ordinance is to repeal chapter 7.40 SVMC because
substantially similar state laws have been adopted, and repeal will remove a preempted chapter of the
Spokane Valley Municipal Code.
Section 2. Repeal. Chapter 7.40 of the Spokane Valley Municipal Code is hereby repealed in its entirety.
Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence,clause,or phrase in this Ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect five days after publication of
this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided
by law.
Ordinance 18-019 Repealing chapter 7.40 SVMC—Electronic Cigarettes and Related Devices Page 1 of 2
Passed by the City Council this 28th day of August, 2018.
City Spokan- Valley
Ada
L.R. Higgins, lror
ATS
7D-4-11%.A,
Christine Bainbridge, City Clerk I
Approve a to Form:
9/71
Office o the City Attorneyr�
Date of Publication: 5' 1 -07.134
Effective Date:9—/ - a ci,R
Ordinance 18-019 Repealing chapter 7.40 SVMC—Electronic Cigarettes and Related Devices Page 2 of 2