HomeMy WebLinkAbout2711 Repealing Ordinance 969, PTMC Chapter 5.16 Embalming and CremationOrdinance No. <~ ~ / !
AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING PORT
TOWNSEND MUNICIPAL CODE CHAPTER 5.16, EMBALMING AND
CREMATION (ADOPTED IN 1929), AS BEING OUTDATED AND SUPERSEDED BY
TITLE 17 PTMC (ZONING)
WHEREAS, Ordinance 969 was adopted in 1929, setting forth Chapter 5.16 PT/VIC,
Embalming and Cremation; and
WHEREAS, Chapter 5.16 PTMC is in conflict with Title 17 PTMC (the City's Zoning
code). All land uses, including embalming and cremation activities, are duly regulated in Title 17
PTMC. Chapter 5.16 PTMC was superseded long ago through the adoption of modern zoning
codes. However, its continued existence in the Port Townsend Municipal Code may lead to
ambiguities and code administration problems; and
W-Ink-AS, this ordinance repealing Chapter 5.16 PTMC is purely procedural in nature,
to remedy confficting code provisions. In the interpretation and application of code provisions,
the later-enacted specific provisions of Title 17 PTMC prevail. Therefore, this ordinance is
excluded from compliance with Chapter 43.21C RCW (SEPA) and public hearing requirements;
and
WI:IEREAS, PTMC 17.20.020 allows "funeral parlors and mortuaries" (del'reed in PTMC
17.08.030) as a permitted use in the City's C-II zoning district. However, crematoriums are a
prohibited land use throughout Port Townsend. This ordinance does not amend these land use
designations,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
SECTION 1. Chapter 5.16, Embalming and Cremation, of the Port Townsend Municipal
Code is repealed in its entirety. (A copy of the existing Chapter 5.16 follows.)
[REPEALED]
Sections:
5.16.010
5.16;020
Chapter 5.16
EMBALMING AND CREMATION
Unlawful when.
Areas where permitted.
5.16.010 Unlawful when.
Hereafter it shall be unlawful for any person, persons, firm or corporation within the city limits,
save and except the area hereinafter designated, to use any building of any kind or description as
a place for the conduct or carrying on of the business of embalming or cremation, or as a
mortuary. (Ord. § 1, 1999; Ord. 969 § 1, 1929).
5.16.020 Areas where permitted.
The area excepted from PTMC 5.16.010 shall be as follows:
Commencing at the northeast comer of Walker and Front Streets; thence along the west side of
Walker Street to Water Street; thence along the south side of Water Street to Polk Street; thence
along the west side of Polk Street to Washington Street; thence along the south side of Washington
Street to Taylor Street; thence along the east side of Taylor Street to Jefferson Street; thence along
the south side of Jefferson Street to Hudson Street; thence along the west side of Hudson Street
to Front Street; thence along the north side of Front Street to the place of beginning.
(Ord.__ § 1, 1999; Ord. 969 § 2, 1929).
SECTION 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this ~ day of ~)C-r'o~¢~ , 1999.
AUest:
Pam Kolacy, City Clerk(-9
09122/99 Otd\{516020.doc}
2~i~othy~ ~c~Iah]/tn, City Attomey
2 Ord.