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
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