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ORD 11-699ORDINANCE NO. 11-699 AN ORDINANCE of the City of Federal Way, Washington, relating to deliveries by truck; amending FWRC 8.40.040. (Amending Ordinance Nos. 00-365 and 91-103) WHEREAS, the Federal Way Revised Code ("FWRC") designates vehicle routes for vehicles rated in excess of 30,000 pounds gross weight; and WHEREAS, the FWRC contains an exception to the vehicle routes if the vehicles are making deliveries with destinations or origins in the City; and WHERAS, the Council has determined that an exception to the vehicle routes should also be made for vehicles that are operated by entities that have a corporate headquarters in the City; and WHEREAS, the Council has further determined that the removal of the 10 trip delivery threshold would facilitate the enforcement of the vehicle routes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 8.40.040 is hereby amended to read as follows: 8.40.040 Local deliveries. (1) Vehicles rated in excess of 30,000 pounds gross weight, as defined in RCW 46.16.111, are restricted to the designated truck routes noted in FWRC 8.40.030, except a person or entity operating or employing (whether directly or by contract) such vehicles is not subject to the lo�� �l,.,r i n ��r�„�' restriction when making z��deliveries F�te t�e-st�e-�t�-a�re����t��ies—�-� �'°� � r*'�° „„�^�°� ��*'�;� �°�*;^„ �"'�^^' �'°';� with destinations or origins within , ," the citv or when such vehicles are operated bv entities that have their corporate headquarters within the city .,a .,» ,�o,; v o .,,�:,.,� � � �,,,- ,.,� �,,o ,.;�., �.o�.� ra ,ao.,+;� �� .� � AL1V11 7 7 r�ii���n �i �r�rc� �iron4�r viiirn�.nr�4 4� 4�.n rti.nv.4ov (2) A person or entity operating or employing (either directly or by contract) vehicles rated in excess of 30,000 pounds gross weight, as defined by RCW 46.16.111, to make more than 72 deliveries per day or more than 3,000 trips within a three-month period to the same destination shall obtain a right-of-way use permit (limited or extended, as applicable) pursuant to FWRC Ordinance No. 11-699 Page 1 of 3 Title 4, Division II, and be subject to those route restrictions and designations, and other conditions or restrictions promulgated by the public works director as conditions of that permit or as otherwise provided in this chapter. 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. I1-699 Page 2 of 3 PASSED by the City Council of the City of Federal Way this 6 day of September, 2011. ATTEST: CITY OF FEDERAL WAY (� -- '�� L�-- MAYOR, P PRIEST CITY CLERK, CAR L MCN LY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 7-26-2011 9-6-2011 9-10-2011 10-10-2011 11-699 Ordinance No. 11-699 Page 3 of 3