Ord 91-091
ORDINANCE NO.
91-91
COpy
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING A TRAFFIC CODE AND
PROVIDING FOR PENALTIES FOR VIOLATIONS,
WHEREAS, the Federal Way City council finds that this
ordinance is in the interest of the public health,
safety and
welfare; NOW, THEREFORE,
The City Council of the City of Federal Way, Washington,
does hereby ordain as follows:
section 1.
Model Traffic Code Adooted bv Reference.
RCW
chapter
46.90,
including
any
future
additions
to,
and
amendments and repeals thereof,
is hereby adopted by reference,
with the exception of the following provisions:
A.
RCW
46.90.500
through
46.90.540,
relating
to
bicycle licensing; and
B.
RCW 46.90.555, relating to bicycles on sidewalks.
C.
RCW
46.90.418,
relating
to
prohibition
against
crossing roadways in a business district.
D.
RCW
46.90.600
through
46.90.660,
relating
to
parking meters.
E.
That
portion
of
RCW
46.90.427
which
adopts
by
reference 46.61.502,46.61.504, and 46.61.506.
section 2.
The 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 controlling
the intersection, unless so directed by lawful authority.
B.
Any person violating the provisions of this section
is guilty of an infraction for ~hich the nonetary penalty shall be
$47.00.
section 3.
Bicycles.
A.
Ho person shall ride a bicycle upon a side'walk in a
business district.
B.
"Business District" for purposes of this section is
defined to be the SeaTac Mall and its immediate vicinity.
This area is particularly described as:
The northwest corner of the right-of-way at the
intersection of South 3l6th Street and Pacific Highway South,
thence east along the north margin of the right-of-way of South
3l6th Street to the northeast corner of the right-of-way at the
intersection at 23rd Avenue South and South 316th Street; thence
southeast along the northeast margin of the right-of-way of 23rd
Avenue South to the northeast corner of the right-of-way at the
intersection at 23rd Avenue South and South 317th Street; thence
east along the north margin of the right-of-way of South 317th
Street
to
the
northeast
corner
of
the
right-of-way
at
the
intersection of South 317th Street and Gateway Center Boulevard;
thence generally south along the east margin of the right-of-way of
Gateway Center Boulevard to the southeast corner of the right-of-
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way at the intersection of Gateway Center Boulevard and South 320th
street; thence west along the south margin of the right-of-way of
South 320th street to the southeast corner of the right-of-way of
the intersection at South 320th street and 23rd Avenue South,
thence south along the east margin of the right-of-'.,'ay of 23rd
Avenue South to the right-of-way of the curving intersection at
23rd Avenue South and South 324th Street; thence west along the
south margin of ~he right-of-'.,'ay of South 324th Street to the
southwest corner of the right-of-way at the intersection at South
324th Street and Pacific Highway South; thence north along the west
margin
of
the
right-of-way
of
Pacific
Highway
South
to
the
northwest corner of the right-of-way at the intersection of Pacific
Highway South and South 316th Stree, the true point of beginning.
C.
A person may ride a bicycle on any other sidewalk or
any roadway unless restricted or prohibited by traffic control
devices.
D.
Whenever any person is riding a bicycle upon a
sidewalk, where allowed, such person shall yield the right-of-way
to any pedestrian.
E.
Any person operating a bicycle in the roadway where
allowed shall ride as near to the right-hand side of the roadway as
practicable.
F.
Any person violating the provisions of the section
is guilty of an infraction for which the monetary penalty shall be
$47.00.
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section 4.
Drivinq While Under Influence of
Intoxicatinq Liquor or Druq - What Constitutes.
A person is guilty of driving while under the influence
of intoxicating liquor or any drug if the person drives a vehicle
within the City while:
(A)
The person
has 0.08 grams or more of alcohol per
two hundred ten liters of breath, as shown by analysis of the
person's breath, made under section 6 of this ordinance; or
(B)
The person has 0.08 percent or more by weight of
alcohol
in the person's blood as shown by an analysis of the
person's blood made under section 6 of this ordinance; or
(C)
The person is under the influence of or affected by
intoxicating liquor or any drug; or
(D)
The person is under the combined influence of or
affected by intoxicating liquor and any drug.
The fact that any person charged with a violation of this
section is or has been entitled to use such drug under the laws of
this state shall not constitute a defense against any charge of
violating this section.
section 5.
Actual Phvsical Control of Motor Vehicle
While
Under
Influence
of
Intoxicatinq
Liquor
or
Druq
What
Constitutes - Defenses.
A person is guilty of being in actual physical control of
a motor vehicle while under the influence of intoxicating liquor or
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any drug if the person has actual physical control of a vehicle
within the City while:
(A)
The person has 0.08 grams or more of alcohol per two
hundred ten liters of breath, as shown by analysis of the person's
breath made under section 6 of this ordinance; or
(B)
The person has 0.08 grams or more by weight of
alcohol
in the person's blood as shown by an analysis of the
person's blood made under section 6 of this ordinance; or
(C)
The person is under the influence of or affected by
intoxicating liquor or any drug; or
(D)
The person is under the combined influence of or
affected by intoxicating liquor and any drug.
The fact that any person charged with a violation of this
section is or has been entitled to use such drug under the laws of
this state shall not constitute a defense against any charge of
violating this section.
No person may be convicted under this
section if, prior to being pursued by a law enforcement officer, he
or she has moved the vehicle safely off the roadway.
section 6.
Persons Under Influence of Intoxicatinq
Liquor or Druq - Evidence - Tests - Information Concerninq Tests.
(A)
Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
within the City by any person while driving or in actual physical
control of a vehicle while under the influence of intoxicating
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liquor or any drug, if the amount of alcohol in the person's blood
or breath at the time alleged as shown by analysis of the person's
blood or breath is less than 0.08 percent by weight of alcohol in
his or her blood or 0.08 grams of alcohol per two hundred ten
liters
of
the
person's
breath,
it
is
evidence
that
may
be
considered with other competent evidence in determining whether the
person was under the influence of intoxicating liquor or any drug.
(B)
The breath analysis shall be based upon grams of
alcohol per two hundred ten
liters of breath.
The foregoing
provisions of this section shall not be construed as limiting the
introduction of any other competent evidence bearing upon the
question whether the person was under the influence of intoxicating
liquor or any drug.
(C)
Analysis of the person's blood or breath to be
considered valid under the provisions of this section or sections
4 or 5 of this ordinance shall have been performed according to
methods approved by the state toxicologist and by an individual
possessing a valid permit issued by the state toxicologist for this
purpose.
Pursuant to RCW 46.61.506, the state toxicologist is
directed
by
the
state
to
approve
satisfactory
techniques
or
methods, to supervise the examination of individuals to ascertain
their qualifications and competence to conduct such analyses, and
to
issue
permits
which
shall
be
subject
to
termination
or
revocation at the discretion of the state toxicologist.
-6.
(D)
When
a
blood
test
is
administered
under
the
provisions
of RCW 46.20.308,
the withdrawal
of blood for the
purpose of determining its alcoholic content may be performed only
by a physician,
a registered nurse,
or a qualified technician.
This limitation shall not apply to the taking of breath specimens.
(E)
The
person
tested
may
have
a
physician,
or
a
qualified technician, chemist, registered nurse, or other qualified
person of his or her choosing administer one or more tests in
addition to any administered at the direction of a law enforcement
officer.
The failure or inability to obtain an additional test by
a person shall not preclude the admission of evidence relating to
the test or tests taken at the direction of a law enforcement
officer.
(F)
Upon the request of the person who shall submit to
a test or tests at the request of a law enforcement officer,
fullinformation
concerning
the
test
or
tests
shall
be
made
available to him or her or his or her attorney.
section 7.
Repealer.
The following are hereby
repealed:
A.
Ordinance 90-26.
B.
Ordinance 90-46.
section 8.
Savinq Clause.
Ordinance Number 90-26 and
Ordinance Number 90-46, which are repealed by this ordinance, shall
remain
in
force and effect until
the effective date of
this
ordinance.
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section 9.
Severability.
If any section, sentence,
clause or phrase of this ordinance should be held to be invalid or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
section 10.
Effective Date.
This ordinance shall
become effective five days after the passage and publication of an
approved summary consisting of the title hereto.
CITY OF FEDERAL WAY
0", I (C'
Á«~ì./!. , C'Li:J
MAYOR, DEBRA ERTEL
ATTEST:
2"J- ~ S;:~M
/CI'!'Y CLE~ MAURE£N M. SWA1ŒY, CMC
--""
FILED WITH CITY CLERK: March 29, 1991
PASSED BY CITY COUNCIL: April 2, 1991
PUBLISHED: April 5, 1991
EFFECTIVE DATE: April 10, 1991
ORDINANCE NO. 91-91
90L285
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