HomeMy WebLinkAbout5256 ORDINANCE NO. 5 2 5 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, REPEALING ORDINANCE 5245 WHICH REPEALED
AUBURN ORDINANCE 5165 AUTHORIZING IMPOUNDMENT OF VEHICLES
WHEN OPERATOR IS DRIVING WHILE LICENSE SUSPENDED AND
PROVIDING FOR A HEARING AND ADMINISTRATIVE FEES AND
ADOPTING STATE LEGISLATIVE FINDINGS AS ORDINANCE 5245 DID NOT
CONTAIN AN EFFECTIVE DATE AND ENACTING A NEW ORDINANCE
REPEALING ORDINANCE 5165.
WHEREAS, the Auburn City Council passed Ordinance 5245 repealing
Ordinance 5165 which authorized impoundment of vehicles when operator is
driving while license suspended and provided for a hearing and administrative
fees and adopting state legislative findings at the June 7, 1999 Auburn City
Council meeting; and
WHEREAS, Ordinance 5245 did not contain an effective date; and
WHEREAS, it is necessary to repeal Ordinance 5245 and enact a new
ordinance which contains an effective date; and
WHEREAS, Ordinance 5156 needs to be repealed as it has been
determined that due to a remaining question left unresolved by the laws of
1998, Chapter 203 regarding the jurisdiction of municipal courts to hear
contested vehicle impound hearings, the Auburn Municipal Court cannot at this
time proceed with such hearings.
Ordinance No. 5256
June 17, 1999
Page 1
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:
To repeal Auburn City Ordinance 5245 due to the omission of an effective date
and to enact a new ordinance repealing Auburn City Ordinance 5165 due to the
unresolved issue of whether Auburn Municipal Court has jurisdiction over
contested vehicle impound hearings.
Section 2. 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 affect
the validity or constitutionality of the remaining portions of this Ordinance, as it
being hereby 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 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Ordinance No. 5256
June 17, 1999
Page 2
Section 4. 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: June 21, 1999
PASSED: June 21, 1999
APPROVED: June 21, 1999
CHARLES A.~,BOOTH
MAYOR
Ordinance No. 5256
June 17, 1999
Page 3
ATTEST:
DANIELLE DASKAM,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 5256
June 17, 1999
Page 4