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HomeMy WebLinkAbout6466 ORDINANCE NO. 6 4 6 6 AN ORDINANCE OF THE CIN COUNCIL OF THE __ _ . CITY OF AUBURN, WASHINGTON; CREATING A NEW SECTION 10.12.410 TO THE AUBURN CITY CODE RELATING TO INATTENTIVE DRIVING WHEREAS, the City of Aubum has in its traffic codes, provisions that are derived from state statute, so that major traffic violations are somewhat uniform across the state among the various prosecuting jurisdictions; and WHEREAS, cities, nevertheless, have the discretion and authority to identify separate violations that relate to their enforcement responsibilities, including criminal, civil and traffic violations that may be different than and/or supplementary to state law, and that more specifically address community needs; and WHEREAS, currently, state statutes provide provisions prohibiting negligent driving in the second degree as defined in Section 46.61.525 of the Revised Code of Washington (RCV1�; and WHEREAS, in order to address those instances that may not fully encompass the conduct intended to be covered by negligent driving in the second degree, cities can add to their city codes, provisions that address problematic driver conduct that may not constitute or rise to the level of negligent. driving; and WHEREAS, it is advantageous for the City of Aubum to have included in its codes a provision that covers inattentive driving as those terms can be defined Ordinance No. 6466 June 7, 2013 Page 1 of 3 to address those types of traffic related violations that would not necessarily constitute or fal� within the scope of negligent driving in the second degree. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. New Section to Citv Code. That a new section 10.12.410 of the Aubum City Code be and the same hereby is created to read as follows: 10.12.410 Inattentive driving. A. It is unlawful for any person to operate a motor vehicle in an inattentive manner upon any highway within the city or way open to fhe public within the city that is maintained primarily for public use and is adjacent to any highway. B. For the purpose of this section, inattentive manner means the operation of a vehicle in a manner that: (1) Fails to maintain a careful lookout for persons or property in the direction of travel, or (2) Evidences a lack of: (a) Attentiveness required to safely operate the vehicle:. (i) under the prevailing conditions, including, but not limited to, the nature and condition of the roadway, the weather conditions, the presence of pedestrians, or the presence of other traffic; or (ii) caused by the driver directing focus or attention to something other than driving the motor vehicle; or (b) Attentiveness that would permit the driver of a motor vehicle to observe anything resting on, or fraveling on, or entering the roadway in time to take appropriate action as circumstances require. C. For the purpcses of this section, the term "highway" is defined as set forth in RCW 46.04.197 and tF►e term "way open to the public"is defined as set forth in WAC 200-200-015(8). D. The offense of operating a vehicle in an inatterrtive manner shall be considered to be a lesser offense than, but included in the offense of, negligent driving in the second degree as set forth in RCW 46.61.525. E. A violation of this section shall be a traffic infraction punishable by a monetary penalty of two hundred fifty dollars ($250.00), plus all mandatory court costs, fees, and assessments. Ordinance No. 6466 June 7, 2013 Page 2 of 3 Section 2. Imalementation. The Mayor is hereby authorized to implemeM such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severabilitv. The provisions of this ordinance are declared to be separate and sev.erable. 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 this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days ftom and after its passage, approval and publication as provided by law. INTRODUCED: DEC 16 2013 PASSED: DEC 16 2013 APPROVED: �EC � 6 1013 OF RN ATTEST: n a PETER B. LEWIS, MAYOR ���-�--/ Da ielle E. Daskam, Ciiy Clerk APPROV S TO FORM• �� aniel B. Heid, City A o ey Published�-.,� �� '���``�'�� y �/3 Ordinance No.6466 June 7, 2013 Page 3 of 3