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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