Ord 93-163
ORDINANCE NO.
93-163
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING THE
CITY'S TRAFFIC CODE TO PROVIDE FOR MANDATORY
MINIMUM MONETARY PENALTIES FOR TRAFFIC
INFRACTIONS COMMITTED WITHIN NEIGHBORHOOD
TRAFFIC SAFETY ZONES, AS DESIGNATED BY FEDERAL
WAY. (AMENDS ORDINANCE 91-91.)
The City Council of the City of Federal Way, Washington,
does hereby ordain as follows:
section 1.
Model Traffic Code Adopted bv Reference -
Modified.
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.
.L..
RCW 46.90.710. relatinq to maximum penalties.
section 2.
Mandatorv Minimums.
The following new
sections are added to City of Federal Way Ordinance 91-91 as
follows:
COpy
section 11.
Mandatory Minimum Penalties.
Unless another penalty is expresslY provided by law. any
person
found to have
committed
an
act desiqnated
a
traffic infraction under the provisions of this chapter
shall be punished bv a penaltv of not more than two
hundred fifty dollars; provided. however. Where any law.
rule. or statute provides for any maximum penalty. the
actual penaltv imposed for a traffic infraction committed
within
the
area
desiqnated
as
the
Federal
Way
Neiqhborhood Traffic Safety Zone shall not be less than
80% of the maximum. not includinq statutory assessments.
Section 12.
Neiqhborhood Traffic Safety Zone Desiqnated.
.The City Council of the Citv of Federal Way, Washinqton.
herebv desiqnates an area within the city to be known as
the
"Neiqhborhood
Traffic
Safety
Zone".
which
shall
consist of all areas within the City within one thousand
(1.000) feet of a school bus route stop desiqnated by a
school district, or within one thousand (1.000) feet of
the perimeter of a school qrounds.
The actual penalty
imposed for any traffic infraction committed within the
area desiqnated as the Federal Way Nei~~ood Traffic
Safetv Zone shall not be less than eiqhtv percent (80%)
of the maximum. not includinq statutory assessments.
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fu.
It is not a defense to a prosecution for a
violation of this code, that a person was unaware
that the orohibited conduct took place while in the
Federal Way Neiqhborhood Traffic Safety Zone.
1h
It is not a defense to a prosecution for a
violation of this code that persons of under the
aqe of eiqhteen (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.
.Q....
In a orosecution under this section,
a map
produced or reproduced bY the city for the purpose
of depictinq the location and boundarv of the area
within one thousand (1. 000)
feet of anv prooertv
used for a school. or school bus route stoP. or a
true coov of such maD under authentication, shall
be admissible
and
shall
constitute prima
facie
evidence of the location and boundaries of those
areas: provided. however. the citv Council of the
city
of
Federal
Way
shall
adopt
a
resolution
approvinq the map as the official record of the
location and boundaries of
the area within one
thousand (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 cftv Clerk and
shall be maintained as the official record of the
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ci ty of Federal Way.
This section shall not be
construed as precludinq prosecutinq authoritv from
introducinq or relyinq uPon any other evidence or
testimony
to
establish
any
element
of
the
violation.
This section shall not be construed as
precludinq the use or admissibility of any map or
diaqram other than the one which has been aPDroved
bY the city Council
if
the map
or
diaqram
is
otherwise admissible under court rule.
section 13.
Definitions.
As used in this code. the
followinq
terms
have
meaninqs
indicated
unless
the
context clearlY requires otherwise:
fu.
"School" has the meaninq under RCW 28A.150.010
or 28A.150.020.
The term "school" also includes a
private school aPDroved under RCW 28A.195.010:
.!h
"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 privatelv 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
throuqh a city transportation system:
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Q...
"School Bus Route stop" means a school bus
stop as desiqnated on maps or otherwise identified
and submitted bv school districts to the Office of
the Superintendent of Public Instruction.
Section 3. Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section
4.
Severabi Ii ty.
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 5. Effective Date.
This ordinance shall become
effective thirty (30) days after passage, as provided by law.
PASSED by the city Council of the City of Federal Way
this ~ day of
Januarv
, 1993.
~7? ~)
ERT STEAD, MAYOR
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ATTEST:
APPROVED AS TO FORM:
4~LY~ LAKE
FILED WITH THE CITY CLERK: December 30, 1992
PASSED BY THE CITY COUNCIL: January 19, 1993
PUBLISHED: January 27, 1993
EFFECTIVE DATE: February 18, 1993
ORDINANCE NO. 93-163
la\kathleer\ordin\minmand
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City of Federal Way
Neighborhood Traffic Safety Zones
Description
. School
Bus Stop
~ Traffic Safety Zone
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