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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NO. 5 2 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING ORDINANCE 5245 WHICH REPEALED AUBURN ORDINANCE 5165 AUTHORIZING IMPOUNDMENT OF VEHICLES WHEN OPERATOR IS DRIVING WHILE LICENSE SUSPENDED AND PROVIDING FOR A HEARING AND ADMINISTRATIVE FEES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Ordinance 5245 and enact a new ordinance which contains an effective date; and WHEREAS, Ordinance 5156 needs to be repealed as it has been determined that due to a remaining question left unresolved by the laws of 1998, Chapter 203 regarding the jurisdiction of municipal courts to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