ORD 21-915 - Relating to Unlawful Stunt Driving or Race AttendanceORDINANCE NO.21-915
AN ORDINANCE of the City of Federal Way, Washington, relating to
unlawful stunt driving or race attendance; adding a new chapter 6.17
to the Federal Way Revised Code including new sections 6.17.010;
6.17.020; 6.17.030; 6.17.040; 6.17.050; 6.17.060; 6.17.070; 6.17.080;
6.17.090; and 6.17.100.
WHEREAS, street racing and stunt driving have been taking place on public streets and in
parking lots in City of Federal Way and South King County area for a number of years; and
WHEREAS, these activities endanger the safety and welfare of the public and of persons
participating in and attending these events as spectators; and
WHEREAS, some neighboring cities have reduced the incidence and scope of street racing
events by criminalizing both the participation in and knowing attendance at street racing events;
�!�M
WHEREAS, a distinction should be made between speed contests and lower speed stunt
driving that may not constitute a race, but still endangers public safety; and
WHEREAS, due to the layout of city streets and roadways, the issue of stunt driving has
been of particular concern within the City of Federal Way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 6.17 of the Federal Way Revised Code is hereby added to read as
follows:
Ordinance No. 21-915 Page 1 of 12
Chapter 6.17
UNLAWFUL STUNT DRIVING OR RACE ATTENDANCE
Sections:
6.17.010 Definitions
6.17.020 Unlawful race event attendance - Prohibited.
6.17.030 Unlawful stunt driviuLy event attendance - Prohibited.
6.17.040 Unlawful stunt driving - Prohibited.
6.17.050 Motor vehicles involved in racing or stunting subiect to impound upon
driver's arrest.
6.17.060 Notice of impoundment.
6.17.070 Redemption of impounded vehicles.
6.17.080 Hearing requests.
6.17.090 Post-imppundrnent hearing procedure.
6.17.100 Administrative fee.
6.17.010 Defmitions
Unless the context clearly requires otherwise, the definitions in this section shall apply throughout
this chapter.
(1) "Driving' for purposes of this chapter does not include using a United States Department
of Transportation (USDOT) approved autonomous driving or driver -assistance technology in a
lawful manner and in accordance with the manufacturer's instructions as contained in the vehicle
owner's manual or a similar document.
Ordinance No. 21-915 Page 2 of 12
(2) "Public lace" means an area, whether publicly or privately ownedgenerally open to the
public and includes, without limitation, , streets, roadways, sidewalks, bridges alleysplazas.
arks driveways. and parking lots. Public place does not include a plivate licensed race -track or
a driver training or exhibition event that is licensed and conducted on private property.
(3) "Motor vehicle" includes any vehicle as defined by RCW 46.04.320. includin
automobiles and motorcycles, whether propelled by an internal combustion engine or electric
motor.
(4) "Stunt driving" is driving defined as any activity where one or more persons en a . e in an
of the followingdriving riving behaviors in a public place:
(a) Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires
from the surface of the roadway or other surface, includingdg a motorcycle with only one
wheel in contact with the jaround, but not including the use of lift axles on commercial motor
vehicles-
(b) Driving a motor 'vehicle in a manner that indicates an intention to cause some or all of its
tires to lose traction with the surface of the roadway or other public place while turning;
(c) Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to
circle without maintaining control over it-,
(d) Driving two or more motor vehicles side by side or in_proximity_to each otherwhere one
of the motor vehicles Occupies a lane of traffic or other portion of the roadway intended for
use by oncoming traffic for a period of time that is longer than is reasonably required to
lawfufly pass another motorvehicle-,
Driving a motor vehicle with a person in the trunk of the motor vehicle; or
(f) Driving a motor vehicle while the driver is not sitting —in the driver's seat_
Ordinance No. 21-915 Page 3 of 12
(5) "Unlawful race event" means an event in a public place where two or more persons
willfully compare or contest relative weeds by operation of one or more motor vehicles, as set
forth in RCW 46.61.530.
(6) "Unlawful stunt driving event" means an event in a public place where two or more persons
willful engage in stunt drivin as defined in this chapter. An event may be both an "unlawful
race event" and an "unlawful stunt driving event" and the two types of events are not mutually
exclusive.
6.17.020 Unlawful race event attendance - Prohibited.
(1) Any person who has actual or constructive knowledge that he or she is in attendance of an
unlawful race event, as defined in this chapter, and is present at the unlawful race event with the
intent to observe, support, or encourage the unlawful race event is guilty of a misdemeanor.
(2) The circumstances that may be considered in determining if a violation of subsection (1)
of this section has occurred may include, but are not be limited to:
(a) The person, by admission, is in attendance of an unlawful race_ event with the intent to
observe or support or encourage the unlawful race event,•
(b) Statements of other persons who are shown to be in attendance of an unlawful race event
that provide evidence of intent to observe, support, or encourage an unlawffl race event;
(c) The person either operates or is a passenger in a motor vehicle that shares the attributes of
other vehicles that are in attendance of the unlawful race event or that are engaging in have
en a ed in an unlawful race:
(d) The -person either operates or i.s a passenger in a motor vehicle that is driven in such a
manner as to show evidence of an attempt to flee or escape detection when a police officer
arrives on the scene of an unlawful race event; or
Ordinance No. 21-915 Page 4 of 12
(e) The person has no reasonable alternative purpose for being in the area where an unlawful
race event is occurring or has occurred.
6.17.030 Unlawful stunt drivin! event_ attendance - Prohibited.
(1) Any person who has actual or constructive knowledge that he or she is in attendance of an
unlawful stunt driving event, as defined in this chapter, and is present with the intent to observe,
support, or encourage the unlawful race event is guilty of a misdemeanor.
(2) The circumstances that may be considered in determining if a violation_ of subsection 1
of this section has occurred may include, but are not limited to:
(a) The person. by admission. is in attendance of an unlawful stint driving event the intent
to observe or support or encourage the unlawful stunt driving event;
(b) Statements of other persons who are shown to be in attendance of an unlawful stunt driving
event that provide evidence of intent to observe or support or encourage an unlawful stunt
driviniz event
(c) The person either operates or is a passenger in a motor vehicle that shares the attributes of
other vehicles that are in attendance of the unlawful stunt driving event or that are engaging in
or have engaged in an unlawful stunt driving event;
(d) The person either operates or is a passen er in a motor vehicle that is driven in such a
manner as to show evidence of an attempt to flee or escape detection when a police officer
arrives on the scene of an unlawful stunt driving event or
(e) The person has no reasonable alternative purpose for being in the area where the unlawful
stunt driving event is occurring or has occurred.
6.17.040 Unlawful stunt driving - Prohibited.
Any person operating a motor vehicle in a public place in a manner that constitutes stunt driving,
Ordinance No. 21-915 Page 5 of 12
as defined by this chapter, is guilty of a gross misdemeanor.
6.17.050 Motor vehicles involved in racing or stunting subiect to impound upon driver's
arrest.
Anv motor vehicle involved in a violation of this chapter, shall be subject to impound by a police
officer if (1) the driver is arrested for a violation of this chapter and (2) the vehicle is located in
the public right-of-wU, or public property, at the time of impound. Police officers will consider
reasonable alternatives to impounding a motor vehicle, prior to completing an impound pursuant
to this chapter. Any impound will comply with the requirements of RGW 46.55.240, Including the
remaininp, sections of this cha ter_
6.17.060 Notice of impoundment.
(1) The person impounding the vehicle shall provide the driver of the impounded vehicle with
a notice including the following_
(a) The name of the impounding registered tow truck operator, its address, and telephone
number;
(b) The location and time of the impound, and by whose 4uthurity fincluding the name of the
officer or authorized agent of the department) the vehicle was impounded;
(c) A f6mi. approved by the city, which describes the right to and _process for vehicle
redemption requirements and which describes the process for contesting an impound or the
costs of impoundment_
(2) Not more than 24 hours after impoundment of any vehicle, the registered tow truck operator
shalI mail a copy of the notice described in subsection (1) of this section by first class mail to the.
last known address of the legal and registered owner(s) of the vehicle. as may be disclosed by the
Ordinance No. 21-915 Page 6 of 12
vehicle identification number and/or as provided by the Washington State Department_ of
Licensing. If the vehicle is redeemed prior to the mailing of this notice. the notice need not be
mailed. A proof of mailing form shall be completed by the registered tow truck operator and filed
with the municipal court.
(3) The registered tow truck operator or the police department, as applicable, shall provide
notice as described in subsection (1) of this section by first class mail to each person who contacts
the department or the registered tow truck operator seeking to redeem an impounded vehicle
except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed.
The registered tow truck operator shall maintain a record evidenced by the redeeming person's
signature that notice was provided directly to the person redeeming the vehicle. A proof of mailing,
form shall be completed by the registered tow truck operator and .filed with the municipal court.
(4) If the date on which a notice required by subsection (2) of this section is to be mailed falls
upon a Saturday. Sunday, or postal holiday, the notice may be mailed on the next day that is neither
a Saturday, Sunday, nor a postal holiday_.
6.17.070 Redemption of impounded vehicles.
Vehicles impounded by the city in accordance with this title, as now or hereafter_ amended, shall
be redeemed only under the following circumstances:
(1) Oifly the registered owner. a person with authorization from the registered owner, or one
who has purchased the vehicle from the registered_ owner and who produces proof of ownership or
authorization from the registered owner and signs a receipt therefor, may redeem an impounded
vehicle_ A person redeeming a vehicle impounded put•suant to this title must, prior to redemption.
establish that he or she has a valid driver's license and is in compliance with RCW 46.30.020, and
pay a $ 100.00 administrative fee to the municipal court. and obtain a receipt for release from the
Ordinance No. 21-915 Page 7 of 12
municipal court.
(2) AM person so redeeming a vehicle impounded by the city shall pay the towing contractor
for the costs of impoundment Rrior to redeeming such vehicle.
6.17.080 Hearin; requests.
An erson seekiny, to redeem a vehicle impounded as a result of a violation of this chapter has a
right to a hearing in Federal Wad municipal court to contest the validity of an impoundment or
the amount of removal, towing, and storage charges and any administrative fee if such request is
made in writing, in a form approved by the mayor and signed by such person, and received by the
municipal court within 10 days (including Saturdays. Sundays, and holida s) of the date the notice
was p_iven to such person by the person. impounding the vehicle or if the person seeking to contest
the im ound validily was not the driver, within 10 da s(including Saturdays. Sunda s and
hot id ys) of the date the notice was mailed by the registered tow truck operator. Such hearing; shall
be provided as follows:
(1) If all of the requirements to redeem the vehicle have been satisfied, then the impounded
vehicle shall be released immediately, and a hearing shall be held within 90 days of the written
request for hearing. Any delay attributable to the person requesting the hearing, including but not
limited to continuances of the Bearing date, shall be excluded from the 90-dayperiod,
(2)If not all the requirements to redeem the vehicle have been satisfied,_ then the impounded
vehicle shall not be released until after the hearing, which shall be held within two business days
(excluding Saturdays, Sundays and holidays) of the written request to the municipal corat for the
hearing unless good cause as to the reason() for any delay is shown. Any delay_ attributable to the
person requesting the hearing, including but not limited to continuances of the hearing date, shall
be excluded from the two--dayPerigd.
Ordinance No. 21-915 Page 8 of 12
(3) Any person seeking a hearing who has failed to request such hearing within the time
specified in this chapter may petition the municipal court for an extension of time to file such a
request for hearing. Such extension shall only be granted upon the demonstration of good cause as
to the.reason(s) the request for hearing was not timely filed. For the purposes of this section. "good
cause" shall be defined as circumstances beyond the control of the person seeking the hearing. In
the event such extension is granted, the person receiving such extension shall be granted_a hearing
in accordance with this title.
(4) If a person fails to file a timely request for hearing and no extension to file such a request
has been granted, the right to a hearing is waived, the impoundment and the associated costs of
impoundment and administrative fees are deemed to be proper, and the cily shall not be liable for
removal, towing, and storage charges arising from the impoundment.
6.17.090 Post -impoundment hearim, procedure.
Hearings requested pursuant to this chapter shall be held by a municipal court judge, who shall
determine whether the impoundment was proper and whether the associated removal tov6np,,
stora e, and administrative fees were proper.
(1) At the hearing, an abstract of the driver's driving record is admissible without further
evidentiary foundation and is prima facie evidence of the status of the driver's license, permit,_ or
privilege to drive and that the driver was convicted of each offense shown on the abstract. In
addition, Department of Licensing vehicle reg6stration records of the impounded vehicle are
admissible without further evidentiary foundation and are prima facie evidence of the identity of
the registered owner of the vehicle.
(2) If the impoundment is found to be proper, the municipal court judge shall enter an order so
Ordinance No. 21-915 Page 9 of 12
stating. In the event that the costs of impoundment (removal, towing and storage) and
administrative fee have not been paid, the municipal court judge's order shall also provide that the
impounded vehicle shall be released only after payment to the city of any fines imposed under this
chapter. The municipal court judge shall grant time payments only incases of extreme financial
need, and where there is an effective guarantee of payment. In any event, time payments shall not
be granted if the person seekingtime ime payments had failed to fully comply with the requirement to
make any time payments previously granted under this section. In the event time payments are
granted, the city shall advance the costs of im oundment to the towing company.
(3) If the impound is found to be improper, the municipal court judge shall enter an order so
stating and order the immediate release of the vehicle. If the costs of impoundment have already
been paid, the municipal court judge shall enter judgment against the city, in favor of the person
who has paid the costs of impoundment in the amount of the costs of the impoundment.
(4) In the event that the municipal court judge finds that the impound was proper, but that the
removal towing storage, or administrative fees charged for the impound were improper, the
municipal court judge shall determine the correct fees to be charged. If the costs of impoundment
have been. paid, the municipal court judge shall enter a judiament against the city and in favor of
the person who has paid the costs of impoundment for the amount of any overpayment.
(5) No determination of facts made at a hearing under this section shall have any collateral
estoppel effect on a subsequent criminal prosecution and shall not pteclude litigation of those same
facts in a subsequent criminal prosecution,
6.17.100 Administrative fee,
An administrative fee of $100.00 shall be levied upon each vehicle redeemed under this Chapter_
The fee shall be remitted to the municipal court. The fee shall be for the purpose of offsetting, to
Ordinance No. 21-915 Page 10 of 12
the extent practicable, the cost to the city of implementing, enforcing, and administering the
provisions of this chapter and shall be deposited in an appropriate account_
Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, 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 ordinance 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 ordinance 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.
PASSED by the City Council of the City of Federal Way this 1st day of June, 2021.
Ordinance No. 21-915 Page 11 of 12
CITY OF FEDERAL WAY:
I FE RELL, MAYOR
ATTEST:
S P IANIE COURTNEY, IM , CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
05/12/2021
06/01 /2021
06/04/2021
07/04/2021
21-915
Ordinance No. 21-915 Page 12 of 12