HomeMy WebLinkAbout06-20-2005 ITEM VIII-A-1ACYTY
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No 5919
Date:
June 10, 2005
Department: Legal
Attachments:
Budget Impact:
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5919.
Background Summary:
Ordinance 5919 seeks to create a new section 10.36.065 of the City Code relating to leaving children
unattended in vehicles with the keys in the ignition. Current law provides that it is unlawful to leave a
child unattended in a motor vehicle with motor running (RCW 46.61.685), and it is illegal for a person to
leave a child unattended in a parked vehicle (whether the engine is running or not) where that person
enters a premises where alcoholic beverages are dispensed (RCW 9.91.060.) These violations are
adopted and incorporated in the City of Auburn codes so that they are enforceable within Auburn by the
City of Auburn. However, not included in these statutory provisions is anything that would prohibit a
person from leaving a child unattended in a vehicle, so long as the motor is not running and so long as
the person leaving the child unattended is not in a premise where alcoholic beverages are dispensed,
even if the keys are in the ignition.
Leaving keys in the ignition poses two specific problems, namely, if the key is left in the ignition, the car
itself is more vulnerable to auto theft and conceivably a thief could see the keys in the ignition, steal the
car and only later realize there is a minor child left inside. The results of such an episode could certainly
be severe. Likewise, the minor child could notice the keys in the ignition and turn them, resulting in the
engine running and conceivably resulting in the vehicle being moved inadvertently by the minor child.
Either way, there is a good reason to address situations were people leave a minor child in a vehicle with
the keys in the ignition, and the proposed ordinance seeks to make that a specific violation chargeable
under the Auburn City Code.
01.8
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until —/—/—
Tabled Until _/_f_
Councilmember: Cerino I Staff: Heid
Meeting Date: June 20, 2005 1 Item Number: VIII.A.1
AUBURN * MORE THAN YOU IMAGINED
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 10, 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 12
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 10, 2005
Page 2 of 3
Section 3. Severability. 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:
PASSED:
UT01-fremad
PETER B. LEWIS
MAYOR
Attest:
Danielle E. Daskam
City Clerk
City Attorney
Ordinance No. 5919
June 10, 2005
Page 3 of 3