Ord 01-392
ORDINANCE NO. 01-392
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, ADDING A NEW
SECTION TO CHAPTER 2 AUTHORIZING LIMITED
COMMISSIONED OFFICERS TO ISSUE INFRACTIONS,
IMPOUND UNAUTHORIZED VEffiCLES, ARREST
PRISONERS AND/OR SUSPECTS WHO ESCAPE DURING
TRANSPORT, AND INVESTIGATE, AND ASSIST IN
TRAFFIC ACCIDENTS.
WHEREAS, RCW 46.55.080 provides that the City Council may authorize a public
official to inlpound unauthorized vehicles as defined in RCW 46.55.010(13) as currently codified
or hereafter amended; and
WHEREAS, the RCW 7.80.040 and court rules of linlited jurisdiction for
infractions 1.2(j), 2.2(b) and 2.2(c) as currently codified or hereafter amended authorize a
commissioned law enforcement officer or other authorized public official to issue a notice of
infraction; and
WHEREAS, the Washington Model Traffic Ordinance 308-330-230 and Federal
Way City Code 15-1 authorize non-commissioned employees of the Department of Public Safety to
investigate traffic accidents, and assist in the prosecution of those charged with violating the law or
contributing to such accident; and
WHEREAS, the Department of Public Safety transports prisoners and/or suspects to
jailor to court; and
WHEREAS, the Department of Public Safety employs Police Support Officers,
whom have received training but are not commissioned to enforce any laws; and
ORD # 01-392
, PAGE 1
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WHEREAS, the City Council desires to maximize the law enforcement in the City
by authorizing limited commission officers to issue infractions, impound unauthorized vehicles,
arrest prisoners and/or suspects who escape during transport and investigate, and assist in traffic
accidents; and
WHEREAS, the City Council finds that it would be in the best interest of the City
to bestow a limited commission on the Police Support Officers to allow them to issue infractions,
impound unauthorized vehicles, arrest prisoners and/or suspects who escape during transport and
investigate, and assist in traffic accidents; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The following new section is added to Article IV of Chapter 2 of the
Federal Way City Code:
Limited Commission Officers.
Police Support Officers shall have the linlited authority to:
(a) Impound unauthorized vehicles pursuant to RCW 46.55.010(13) as currently codified or
hereafter amended, and pursuant to any ordinance adopted under RCW 46.55.113;
(b) Issue civil infractions as set forth in Title 7.80 RCW, IRU 1.2(j), 2.2(b) and 2.2(c) as
currently codified or hereafter amended; and
(c) To arrest prisoners and/or suspects who escape while being transported by Police Support
Officers.
(d) To investigate, and assist in traffic accidents.
Section 2. Severability. The provisions of this ordinance are declared separate and
ORD # 01-392
, PAGE 2
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 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
June , 2001.
lQ,.h
day of
CITY OF FEDERAL WAY
~¿'-<'
ATTEST:
ORD # 01-392
, PAGE 3
APPROVED AS TO FORM:
~Ci.~
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K,\ORD"imitedcommission
R"ired 4111101
ORD # 01-392
, PAGE 4
OS/29/01
06/19/01
06/23/01
07/19/01
01-392