Ord 94-207
ORDINANCE NO.
94-207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING THE
CITY'S TRAFFIC CODE RELATING TO PENALTIES FOR
CRIMINAL TRAFFIC VIOLATIONS, ESTABLISHING A
MANDATORY $20.00 ASSESSMENT TO BE ADDED AS A
CIYIL PENALTY IMPOSED UPON ANY PERSON POUND
GUILTY OF A CRIMINAL TRAFFIC OFFENSE WITHIN
THE CITY OF FEDERAL WAY.
WHEREAS, the traffic safety within the city of Federal
Way remains a high priority for the Federal Way City Council; and
WHEREAS, the city council of the city of Federal way
finds that violators of traffic safety laws are appropriate persons
to contribute revenues to fund public safety traffic improvements;
and
WHEREAS, code cities are empowered to legislate civil
assessments to be imposed when a criminal traffic violation was
found to be committed pursuant to Article 11, section 11 of the
Washington State Constitution; and
WHEREAS, the City council finds that a civil penalty
assessed against violators of traffic safety laws shall be used to
pay for various required City traffic improvements, including but
not limited to, installation of school safety signs, traffic safety
signs, traffic speed bumps, and all such other traffic safety-
related expenses as may be incurred by the City and authorized by
the City council;
NOW, THEREFORE,
ORD #
94-207
, PAGE 1
COpy
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
Traffic Code Amended.
A new section is added
to the general provisions of the City of Federal Way Traffic Code
as follows:
ARTICLE I. IN GENERAL
Sec. 15-1. Code adopted.
RCW ch. 46.90, including any future additions to,
and amendments and repeals thereof, is hereby adopted
by reference, with the exception of the following
provisions:
(1)
(2)
(3)
(4)
(5)
(6)
RCW 46.90.500 through 46.90.540, relating to
bicycle licensing.
RCW 46.90.555, relating to bicycles on
sidewalks.
RCW 46.90.418, relating to prohibition
against crossing roadways in a business
district.
RCW 46.90.600 through 46.90.660, relating to
parking meters.
That portion of RCW 46.90.427 which adopts by
reference RCW 46.61.502,46.61.504 and
46.61.506.
RCW 46.90.710, relating to maximum penalties.
(Ord. No. 91-91, § 1,4-2-91; Ord. No. 92-163, § 1, 1-
19-93)
Sec. 15-2. Avoidance of intersection.
(a) It is unlawful for any person operating a
motor vehicle on the highways of the city to turn such
vehicle .either to the right or to the left upon
approaching or leaving intersections and to proceed
across any private property for the purpose of avoiding
the intersection or any traffic control device
ORD # 94-207
, PAGE 2
controlling the intersection, unless so directed by
lawful authority.
(b) Any person violating the provisions of this
section is guilty of an infraction for which the
monetary penalty shall be $47.00.
(Ord. No. 91-91, § 2, 4-2-91)
Sec. 15-3. Displaying or possessing of suspended or
revoked driver's license or identification card.
(a) RCW 46.20.336 is hereby adopted by reference.
(b) Any person who violates the provisions of this
section shall be guilty of a traffic infraction and
shall be punished by a penalty of not more than
$250.00.
(Ord. No. 90-70, §§ 1, 2, 7-17-90)
State law reference(s)--Similar provision, RCW
46.20.336.
Sec. 15-4. Mandatory criminal traffic civil
assessment.
(a) In addition to the criminal penaltv provided
herein. anv person found to have committed an act desianated
as a criminal traffic violation under the provisions of this
Chapter shall be assessed a civil Denaltv in the amount of
$20.00. The funds collected from this civil penaltv shall
be transmitted to the citv of Federal Wav Traffic Safetv
Fund for the purpose of fundinq public safetv traffic
improvements. includinq but not limited to. installation of
school safetv siqns. traffic safetv siqns. traffic speed
bumps. and all such other traffic safetv-related expenses as
mav be incurred bv the citv and authorized bv the citv
Council.
(b) Criminal traffic violations are defined to be
the followinq: drivinq with the license from another
state while suspended in Washinqton. FWTC 15-1 (RCW
46.20.420): hit and run unattended. FWTC 15-1 (RCW
46.52.020): actual phvsical control of a motor vehicle
while under the influence of intoxicatinq liquor or
druq. FWTC 15-32: drivinq while under the influence of
intoxicatinq liquor or druq. FWTC 15-31. section 4:
drivinq while license suspended or revoked in the first
deqree (habitual traffic offender). FWTC 15-1 (RCW
46.20.342(a)): drivinq while license suspended or
revoked in the second deqree. FWTC 15-1 (RCW
ORD # 94-207
, PAGE 3
46.20.342(bll: drivinq while license suspended or
revoked in the third dearee. FWTC 15-1 (RCW
46.20.342(cl): wilful failure to stoP. FWTC 15-1 (RCW
46.621.0211: failure to surrender a suspended. revoked
or canceled driver's license or identification card.
FWTC 15-1 (RCW 46.20.336(411: failure to appear after
written promise. FWTC 15-1 (RCW 46.64.02711: lendinq an
operator's license to another. FWTC 15-1 (RCW
46.20.336(2)): neqliqent drivinq. FWTC 15-1 (RCW
46.61.52511: no valid operator's license. FWTC 15-1
(RCW 46.20.0211: failure to surrender license. FWTC 15-
1 (RCW 46.20.021(41: violation of occupational driver's
license. FWTC 15-1 (RCW 46.20.4101: hit and
run/propertv damaqe. FWTC 15-1 (RCW 46.52.0101: failure
to reqister vehicle. FWTC 15-1 (RCW 46.16.010(111:
operatinq a motor vehicle with suspended reqistration.
FWTC 15-1 (RCW 46.29.6051: hit and run unattended. FWTC
15-1 (RCW 46.52.010): and unlawful representation of
driver's license or identification card. FWTC 15-1 (RCW
46.20.336(3)). as thev all now exist or as mav be
hereafter amended. deleted or added thereto.
Sec. 15-~~. Mandatory minimum penalties.
Unless another penalty is expressly provided by
law, any person found to have committed an act
designated a traffic infraction under the provisions of
this chapter shall be punished by a penalty of not more
than $250.00; provided, however, where any law, rule,
or statute provides for any maximum penalty, the actual
penalty imposed for a traffic infraction committed
within the area designated as the Federal Way
Neighborhood Traffic Safety Zone shall not be less than
80 percent of the maximum, not including statutory
assessments.
(Ord. No. 93-163, § 2, 1-19-93)
Sec. 15-5~. Neighborhood Traffic safety
zone--Designated.
The city council of the city of Federal Way,
Washington, hereby designates an area within the city
to be known as the "Neighborhood Traffic Safety Zone,"
which shall consist of all areas within the city within
1,000 feet of a school bus route stop designated by a
school district, or within 1,000 feet of the perimeter
of a school grounds. The actual penalty imposed for any
traffic infraction committed within the area designated
as the Federal Way Neighborhood Traffic Safety Zone
shall not be less than 80 percent of the maximum, not
including statutory assessments.
ORD #
94-207
, PAGE 4
(1)
(2)
(3)
It is not a defense to a prosecution for a
violation of this Code, that a person was
unaware that the prohibited conduct took
place while in the Federal Way Neighborhood
Traffic Safety Zone.
It is not a defense to a prosecution for a
violation of this Code that persons of under the
age of 18 were not present in the area of the
school, or at the school bus route stop at the
time of the offense, or that school was not in
session.
In a prosecution under this section, a map
produced or reproduced by the city for the
purpose of depicting the location and
boundary of the area within 1,000 feet of any
property used for a school, or school bus
route stop, or a true copy of such map under
authentication, shall be admissible and shall
constitute prima facie evidence of the
location and boundaries of those areas;
provided, however, the city council shall
adopt a resolution approving the map as the
official record of the location and
boundaries of the area within 1,000 feet of
the school and school bus route stops. The
official map or a true copy of the map shall
be filed with the city clerk and shall be
maintained as the official record of the City
of Federal Way. This section shall not be
construed as precluding prosecuting authority
from introducing or relying upon any other
evidence or testimony to establish any
element of the violation. This section shall
not be construed as precluding the use or
admissibility of any map or diagram other
that the one which has been approved by the
city council if the map or diagram is
otherwise admissible under court rule.
COrd. No. 93-163, § 2, 1-19-93)
Sec. 15-~Z. Same--Definitions.
As used in this Code, the following terms have
meanings indicated unless the context clearly requires
otherwise:
ORD #
94-207
, PAGE 5
(1)
(2)
(3)
School has the meaning under RCW 28A.150.010
or 28A.150.020. The term school also includes
a private school approved under RCW
28A.l95.010.
School bus means a school bus as defined by
the superintendent of public instruction by
rule which is owned and operated by any
school district and all school buses which
are privately owned and operated under
contract, or otherwise with any school
district in the state for transportation of
students. The term does not include buses
operated by common carriers and the urban
transportation of students, such as
transportation of students through a city
transportation system.
School bus route stop means a school bus stop
as designated on maps or otherwise identified
and submitted by school districts to the
office of the superintendent of public
instruction.
(Ord. No. 93-163, § 2, l-19-93)
Secs. 15-~~--15-30. Reserved.
section 2.
Severabilitv.
The provisions of this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
section 3.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
ORD #
94-207
, PAGE 6
Section 4.
Effective Date.
This ordinance shall be
effective thirty (30) days after passage as provided by law.
PASSED by the City Council of the City of Federal Way
this
4th
day of
January
, 1994.
CITY OF FEDERAL WAY
~tA. ð~
MA R, Y E. GATES
EY, CMC
APPROVED AS TO FORM:
~
CITY ATTORNEY, CAROLYN A. LAKE
FILED WITH THE CITY CLERK: December 15, 1993
PASSED BY THE CITY COUNCIL: January 4, 1994
PUBLISHED: January 8, 1994
EFFECTIVE DATE: February 3, 1994
ORDINANCE NO. 94-207
MARYKIORDI TRFCCIVL. PEN
ORD #
94-207
, PAGE 7