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ORDINANCE NO. 5 9 1 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON CREATING A
NEW SECTION 10.36.065 TO THE AUBURN CITY
CODE RELATING TO LEAVING CHILDREN
UNATTENDED IN A VEHICLE WITH KEYS IN THE
IGNITION
WHEREAS, the City of Auburn is responsible for traffic safety and issues
related to the enforcement of rules of the road, whether pursuant to city
ordinance or state statute; and
WHEREAS, current provisions of the city code and the state law include
provisions on leaving children unattended in vehicles with the motor running and
leaving children unattended in vehicles where the adult or person responsible for
the vehicle is in a tavern or other premises where alcoholic beverages are
dispensed for consumption on premises; and
WHEREAS, consistent with the concerns that are involved in both of those
prohibitions, another concern that is not currently addressed in the statutory
provisions dealing with leaving children unattended under the circumstances
described above is where an individual leaves children unattended in a vehicle
with the keys in the ignition; and
WHEREAS, similar to leaving children unattended in a vehicle with the
motor running, where keys are in the ignition, the vehicles motor could be easily
started, or the vehicle itself may be subject of a theft, which theft would be
significantly aggravated were minor children in the vehicle at that time; and
Ordinance No. 5919
June 20, 2005
Page 1 of 3
WHEREAS, in order to address the circumstances specific to this concern
it is appropriate that a new section of the city code be adopted to expressly
prohibit leaving children unattended in a vehicle with keys in the ignition; and
WHEREAS, in order to recognize that the concerns are more specific to
younger children, it is appropriate that the age involved be children under 11
years of age, since it may be reasonable that a child over that age may be in the
vehicle and may be responsible enough to utilize the vehicle's ignition for
listening to the radio while not engaging in problematic aspects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Section to City Code.
That a new section
10.36.065 of the Auburn City Code, be, and the same is hereby created to read
as follows:
10.36.065 Leaving children unattended in standing vehicle with key in the
ignition - Penalty.
It is unlawful for any person, while operating or in charge of a vehicle, to
park or willfully allow such vehicle to stand upon a public highway or in a public
place with its ignition key in the ignition, leaving a minor child or children under
the age of eleven years unattended in the vehicle.
Any person violating the provisions of this section is guilty of a
misdemeanor.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this ordinance.
Ordinance No. 5919
June 20, 2005
Page 2 of 3
Section 3. Severabilitv.
If any portion of this Ordinance or its
application to any person or circumstances is held invalid, the remainder of the
Ordinance or the application of the provision to other persons or circumstances
shall not be affected.
Section 4. 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.
INTRODUCED: JUN 2 0 2005
PASSED: JUN 2 0 ZlM
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- PETER B LEW~
MAYOR
Attest:
~f9'kJ
City Clerk
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Ordinance No. 5919
June 20, 2005
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