HomeMy WebLinkAbout5205ORDINANCE NO. 5 2 0 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, CREATING A NEW CITY CODE CHAPTER 10.06 ENTITLED
"REVISED CODE OF WASHINGTON TITLE 46 MOTOR VEHICLFS ADOPTED BY
REFERENCE WITH THE EXCEPTION OF ANY FELONY PROVISIONS";
CREATING SECTION 10.06.010 ENTITLED "ADOPTED -COPY FILED AND
AUTHENTICATED"; CREATING SECTION 10.06.020 ENTITLED "SEVERABILITY"
AND SECTION 10.06.030 ENTITLED "CONFLICT WITH MODEL TRAFFIC
ORDINANCE".
WHEREAS, the state legislature during the 1998 legislative session has
enacted significant changes to applying to driving offenses to become effective on
January 1, 1999; and
WHEREAS, the state legislature has provided that each city responsible for
prosecution adjudication sentencing, and incarceration of misdemeanor and gross
misdemeanor traffic offenses committed in their jurisdictions, and referred from their
respective law enforcement agencies, whether filed under state law or city
ordinances, must carry out these responsibilities through the use of their own
courts, staff, and facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this Ordinance is as follows:
Ordinance No. 5205
December 18, 1998
Page 1
To create Chapter 10.06 entitled "REVISED CODE OF WASHINGTON
TITLE 46 MOTOR VEHICLES ADOPTED BY REFERENCE WITH THE
EXCEPTION OF ANY FELONY PROVISIONS" in order to adopt by reference the
state legislation creating significant changes to Title 46 RCW.
Section2. CREATE SECTION 10.06.010 OF AUBURN CITY CODE
CHAPTER 10.06. Section 10.06.010 entitled "ADOPTED--COPIES FILED AND
AUTHENTICATED" is hereby created as set forth in Exhibit "A" attached hereto and
incorporated herein by this reference.
Section 3. CREATE SECTION 10.06.020 OF AUBURN CITY CODE
CHAPTER 10.06. Section 10.06.020 entitled "SEVERABILITY" is hereby created
as set forth in Exhibit "A" attached hereto and incorporated herein by this reference.
Section4. CREATE SECTION 10.06.030 OF AUBURN CITY CODE
CHAPTER 10.06. Section 10.06.030 entitled "CONFLICT WITH MODEL TRAFFIC
ORDINANCE" is hereby created as set forth in Exhibit "A" attached hereto and
incorporated herein by this reference.
Section 5. Constitutionality or Invalidity. If any section, subsection,
sentence, clause or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affi,~ct the validity or
constitutionality of the remaining portions of this Ordinance, as it being hereby
Ordinance No. 5205
December 18, 1998
Page 2
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, adopted and
approved and ratified irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 6. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 7. This Ordinance shall take effect and be in force from and after
January 1, 1999 following the adoption by the Auburn City Council
INTRODUCED:
PASSED:
APPROVED:
December 21, 1998
December 21, 1998
December 21. 1998
CHARLES A. BOOTH
MAYOR
ATTEST:
DANIELLE DASKAM,
City Clerk
Ordinance No. 5205
December 18, 1998
Page 3
APPROVED AS TO FORM:
City Attorney
Published:
Ordinance No. 5205
December 18, 1998
Page 4
EXHIBIT "A" ORDINANCE NO. 5 2 0 5
Chapter 10.06
SPECIFIC REVISED CODE OF WASHINGTON TITLE 46 MOTOR VEHICLES
ADOPTED BY REFERENCE WITH THE EXCEPTION OF ANY
FELONY PROVISIONS
Sections:
10.06.010
10.06.020
10.06.030
Adopted--Copies filed and authenticated.
Severability.
Conflict with Model Traffic Ordinance
10.06.010 Adopted--Copies filed and authenticated.
RCW Title 46 Motor Vehicles with the exception of any felony provisions is
hereby adopted by reference, including all future amendments or' additions thereto,
and under the provisions of RCW 35A.12.140, the sections codified in this Chapter
shall be published as required by law, but the specified Revised Code of
Washington Title 46 adopted by reference need not be published but shall be
authenticated and recorded with the Auburn City Clerk, and not less than one copy
of such Title in the form in which it was adopted shall forthwith be filed in the office
of the Auburn City Clerk for use and examination by the public.
Ordinance No. 5205 Exhibit "A"
December 18, 1998
Page 5
10.06.020 Severability.
If any provision of this chapter or RCW Title 46 adopted by' reference in this
chapter and effective from and after January 1, 1999 or its application to any
person or circumstance is held invalid, the remainder of this chapter or its
application of the provisions to other persons or circumstances shall not be
affected.
10.06.030 Conflict with Model Traffic Ordinance.
If any provisions of the "Washington Model Traffic Ordinance," Chapter 308-
330 WAC as adopted by reference in Auburn City Code Chapter 10.04 in conflict
with any provision of Title 46 RCW as adopted by reference in this chapter, Title 46
RCW and Auburn City Code Chapter 10.06 shall control.
Ordinance No. 5205 Exhibit "A"
December 18, 1998
Page 6