HomeMy WebLinkAboutord2021-017• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2021-184
File ID: AB2021-184 Version: 1 Status: Adopted
File Created: 03/16/2021 Entered by: CHalka@co.whatcom.wa.us
Department: Council Office File Type: Ordinance Requiring a Public Hearing
Assigned to: Council
Agenda Date: 04/06/2021
Primary Contact Email: chalka@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 04/06/2021
Enactment #: ORD 2021-017
Ordinance amending Whatcom County Code 9.08.020 Unlawful Exposure to include an exception for
breastfeeding
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance amending Whatcom County Code 9.08.020 Unlawful Exposure to include an exception for
breastfeeding
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
03/23/2021 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
04/06/2021 Council ADOPTED
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Printed on 41712021
Agenda Bill Master Report Continued (AB2021-184)
Attachments: Proposed Ordinance - strike, Proposed Ordinance, Substitute Ordinance for 4.6 - tracked changes,
Substitute Ordinance for 4.6
Whatcom County Page 2 Printed on 41712021
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PROPOSED BY: FRAZEY
INTRODUCTION DATE: MARCH 23, 2021
ORDINANCE NO. 2021-017
ORDINANCE AMENDING WHATCOM COUNTY CODE 9.08.020 UNLAWFUL EXPOSURE
TO INCLUDE AN EXCEPTION FOR BREASTFEEDING
WHEREAS, the American Academy of Pediatrics recommends that all babies, with rare
exceptions, be breastfed and/or receive expressed human milk exclusively for the first six
months of life; and
WHEREAS, the American Academy of Pediatrics recommends continuing
breastfeeding with the addition of complimentary foods through the second half of the first
year and beyond as long as mutually desired between parent and baby; and
WHEREAS, the Revised Code of Washington 9A.88.010 states that the act of
breastfeeding or expressing breast milk is not indecent exposure; and
WHEREAS, the Revised Code of Washington 49.60.30(g) establishes the right of a
mother to breastfeed her child in any place of public resort, accommodation, assemblage, or
amusement; and
WHEREAS, the Revised Code of Washington 49.60.215 provides that it is an unfair
practice for any person to discriminate against a mother breastfeeding her child in any such
place; and
WHEREAS, the Centers for Disease Control 2020 Breastfeeding Report Card
indicated that 92.5% of babies born in Washington State start out breastfeeding, but only
74.6% were still breastfeeding at 6 months, and only 28.9% were exclusively breastfeeding
at 6 months; and
WHEREAS, in recognition of the well -documented health advantages, for parent and
child, Whatcom County wishes to provide a supportive environment for breastfeeding
parents.
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NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts
the above "WHEREAS" recitals as finding of fact in support of its action; and
BE IT FINALLY ORDAINED by the Whatcom County Council that Whatcom County
Code 9.08.020 is hereby amended as described in Exhibit A.
ADOPTED this 6th day of April , 2021.
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ATTEST.
Dana Brown D�vi::Clerk of the Council
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APPROVED AS TO FORM:
Karen Frakes /by phone/ 3/30/2021
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barry Buchanan, Council Chair
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Approved ( ) Denied
Satpal Sidhu County Executive
Date Signed: glglaI _
EXHIBIT A
9.08.020 Unlawful exposure.
It is unlawful for any female to expose or permit public display of her bosom, in the nude or
substantially exposed to public view, in any public establishment, except this shall not apply
to a person who is breastfeeding a child.
A person shall have the right to breastfeed a child in any location, public or private, where
the person has the right to be with their child, without respect to whether the person's
breast or any part of it is uncovered during or incidental to the breastfeeding of the child.