Ord 96-260
ORDJ:NANCE NO.
96-260
AN ORDJ:NANCE OF THE CJ:TY COUNCJ:L OF THE CJ:TY
OF FEDERAL WAY, WASHJ:NGTON, ADOPTJ:NG BY
REFERENCE RCW 46.61.502,46.61.504,46.61.506,
AND 46.61.5055 WHJ:CH ESTABLJ:SH AN ALCOHOL
CONCENTRATJ:ON OF 0.10 AS THE STANDARD OF LEGAL
INTOXICATION AND REPEALING INCONSISTENT
FEDERAL WAY CODE SECTJ:ONS (REPEALJ:NG FEDERAL
WAY CODE SECTJ:ONS 15-1(5), 15-1(8), 15-1(9),
15-31,15-32,15-33, AND 15-35).
WHEREAS, on April 2, 1991 the Federal Way city Council
adopted Ordinance No. 91-91, sections 4 through 6, establishing
that a person is guilty of the crime driving while under the
influence of intoxicating liquor if the person drives a vehicle
within the city and within two hours after driving they have an
alcohol concentration of 0.08 or higher, as shown by analysis of
the person's breath or blood; and
WHEREAS, Ordinance No. 91-91 further established that a
person is guilty of the crime of being in physical control of a
motor vehicle while under the influence of intoxicating liquor if
the person has actual physical control of a vehicle within the city
and
within
two
hours
after
driving
they
have
an
alcohol
concentration of 0.08 or higher,
as shown by analysis of the
person's breath or blood; and
WHEREAS,
RCW
46.61. 502,
46.61.504,
46.61.506,
and
46.61.5055
establish an alcohol
concentration of
0.10
as
the
standard for establishing intoxication; and
WHEREAS,
on
December
21,
1995
the
Washington
State
Supreme Court held, in Seattle v. Williams, that a city may not
ORD # 96-260
, PAGE 1
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enforce an ordinance that defines the offense of driving while
intoxicated in a manner that is not in uniformity with a state
statute defining the offense of driving under the influence of
intoxicating liquor, that such an ordinance violates the statutory
uniformity requirement and is therefore invalid and of no effect;
and
WHEREAS,
the Federal Way city Council determines that this
ordinance is necessary for the immediate preservation of public
peace, health, and safety;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
Repealer.
Federal Way City Code sections
15-1(5),
15-1(8),
15-1(9),
15-31,
15-32,
15-33,
and
15-35
are
hereby repealed.
section
2.
Adoption
bv
Reference.
RCW
46.61.502,
46.61.504,
46.61.506 and 46.61.5055 as currently codified or as
hereafter amended, are hereby adopted by reference.
section
4.
Severabilitv.
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.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
ORD # 96-260
, PAGE 2
hereby ratified and affirmed.
Section 6.
Savinas Clause.
Federal Way City Code
sections 15-1(5), 15-1(8), 15-1(9), 15-31, 15-32, 15-33, and 15-35
which are repealed by this ordinance, shall remain in full force
and effect until the effective date of this ordinance.
section 7.
Effective Date.
This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval, and publication, as provided by law.
PASSED by the city council of the City of Federal Way
this
16th
day of
January
, 1996.
CITY OF FEDERAL WAY
/y¡{utt: ( ~J /:J~
MÂYOR l'Iah.lon ::;. Pr1est
APPROVED AS TO FORM:
¿-þ~, L~L
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
12-26-95
01-16-96
01-20-96
01-25-96
96-260
K:\OROIN\OYJ.RCY
ORD # 96-260
, PAGE 3