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HomeMy WebLinkAbout5493 ORDINANCE NO. $ 4 9 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE SECTION 10.36.360 ENTITLED "VIOLATION-PENALTY" BY ADDING AUBURN CITY CODE 10.36.190 FOR WHICH A PENALTY UNDER SECTION 10.36.360 CAN BE APPLIED. WHEREAS, Pursuant to RCW 35A.11.020 entitled "Powers vested in legislative bodies of noncharter and charter code cities" the Council of the City of Auburn has been provided the power to regulate its local municipal affairs appropriate to the good government of the city; and WHEREAS, Washington State Constitution article XI section 11 grants to local governments the police power to enact legislation to protect the health, safety and welfare of its citizens. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE. The purpose of this Ordinance is as follows: To update the Auburn City Code as it applies to the imposition of a penalty for violation of the parking code by improperly parking of vehicles on public roadways and public right of ways, including within all residential districts as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. Ordinance No. 5493 January 30, 2001 Page 1 Section 2. Constitutionality or Invalidity. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force from and after five (5) days from date of publication. INTRODUCED: ~fa~ch 5, 2001 PASSED: Haz'ch 5~ 2001 APPROVED: ~a~h ~, 2n~] CHARLES A. BOOTH MAYOR Ordinance No. 5493 January 30, 2001 Page 2 ATTEST: Danielle Daskam City Clerk AI~F~OVED AS TO FORM: Michael O. Reynolds, City Attorney Published: Ordinance No. 5493 January 30, 2001 Page 3 EXHIBIT "A" Title 10 VEHICLE AND TRAFFIC Chapter 10.36 Sections: 10.36.360 Violation - Penalty. Any vehicle parked in violation of ACC 10.36.190 and 10.36.270 through 10.36.350 may be impounded by the chief of police of the city, and the cost of such impounding shall be paid by the owner or operator of such vehicle before the same is released, and any motor vehicle owner or operator who violates any of the terms of ACC 10.36.190 subparagraphs B, C, D or E has committed an infraction and shall pay a fine of $50.00. Any motor vehicle owner or operator who violates any of the terms of ACC 10.36.270 throu.qh 10.36.350 has committed an infraction and shall pay a fine of $20.00 within 15 days from the date of issuance of such notice; or in the sum of $40.00 if paid after the fifteenth day from the issuance of said notice. Fines shall be paid directly to the Auburn Municipal Court. Ordinance No. 5493 Exhibit "A"