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ORD 10-664ORDINANCE NO. 10-664 AN ORDINANCE of the City of Federal Way, Washington, relating to Inattentive Driving; adding a new section to Chapter 8.05 FWRC, "Vehicles and Traffic." WHEREAS, Chapter 8.05 of the Federal Way Revised Code ("FWRC") sets forth the regulations regarding vehicles and traffic; and WHEREAS, there are increasing incidents of drivers operating motor vehicles while they are distracted; and WHEREAS, Governor Gregoire proclaimed May 27, 2010 as "Drive Nice Da�' to encourage drivers to stop driving while they are distracted; and WHEREAS, distracted driving contributes to crashes that, on average, kill approximately 700 people in Washington each year; and WHEREAS, several other cities in Washington, including Bellevue, Des Moines, Fife, Issaquah, Kent, Kirkland, Puyallup, SeaTac, Seattle, Tukwila, and Yakima have passed legislation to make inattentive driving an infraction; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to add a new law prohibiting inattentive driving in the City of Federal Way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. A new section is added to Chapter 8.05 FWRC to read as follows: Ordinance No.10-644 Page 1 of 3 8.05.015 Inattention. (1) No person shall operate a motor vehicle upon a street allev or ways open to the public within the City in an inattentive manner. (2) "Inattentive manner" means drivin� in such a manner so as to fail to maintain a careful lookout for persons or propertv in the direction of travel. (3) Anyperson violating the provisions of this section is uilty of an infraction for which the monetarv penalty shall be $250.00. Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No.10-644 Page 2 of 3 PASSED by the City Council of the City of Federal Way this 6` day of July 2010. ATTEST: CITY OF FEDERAL WAY � ��. M OR, LINDA KO HMAR �/ _ � � �� .�_� � I l� • . • • ��? APPROVED AS TO ORM: {J�" ZCJ �1� CITY ATT Y, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: COUNCIL BILL NO. PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: June 8, 2010 542 July 6, 2010 July 10, 2010 August 9, 2010 10-664 Ordinance No.10-644 Page 3 of 3