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HomeMy WebLinkAbout5919 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 20, 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 11 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 20, 2005 Page 2 of 3 Section 3. Severabilitv. 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: JUN 2 0 2005 PASSED: JUN 2 0 ZlM AP~~ - PETER B LEW~ MAYOR Attest: ~f9'kJ City Clerk .'!JJt~ (j.,;L '1-c) ,;- t::.---------------------- Ordinance No. 5919 June 20, 2005 Page 3 of 3