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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 C(Q)[pJ)f ""."""""""."",."""""".."""","""""."",.,.",."""'~"",""m","""""""""""""""""""""'.""""""""'"""""- 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 Federal Way City Code sections 15-1(5), 15-1(8), 15-1(9), 15-31, 15-32, 15-33, and 15-35 are hereby repealed.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