HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/24/1994Kent, Washington
May 24, 1994
A special meeting of the Kent City Council was called to order at
4:55 p.m. by Mayor White. Present: Councilmembers Bennett,
Clark, Houser, Mann, Orr and Woods, Operations Director/Chief of
Staff McFall, City Attorney Lubovich. Approximately 10 people
were at the meeting.
Council Absence. WOODS MOVED that Councilmember Johnson be
excused from tonight's meeting. Orr seconded and the motion
carried.
Model Traffic Code. The City Attorney noted that during the 1993
legislative session, the State Legislature, pursuant to Laws
1993, Chapter 400, provided that Chapter 46.90 of the Revised
Code of Washington, which contained the Model Traffic Code, would
expire on July 1, 1994. He noted that the City had previously
adopted the Model Traffic Code contained in RCW 46.90. He stated
that the Legislature also provided that the Model Traffic Code
would be contained in the Washington Administrative Code, so that
it could be updated more easily, and consequently, the City must
now adopt the Model Traffic Code as contained in the Washington
Administrative Code. Lubovich noted that this matter was earlier
presented to the Public Safety Committee in conjunction with dis-
cussions regarding the establishment of a .08 DWI level, and it
was decided to defer the issue until all material for the Model
Code Traffic had been compiled. He stated that the City has on
file the 1991 Edition of the Model Traffic Code which contains
all the statutory provisions that comprise the Model Traffic
Code, and noted that there have been recent challenges to the
Model Traffic Code in other jurisdictions because the documents
are not on file, or properly recorded with the City Clerk's
Office. He said it is important that all the provisions are in
the City Clerk's file, so that callers can see what the Model
Traffic Code consists of. Lubovich stated that he has been
waiting for a document to be compiled containing all the pro-
visions of the Model Traffic Code, but that none has been done so
far. He explained that he therefore compiled the ordinance, with
Exhibit A consisting of the 1991 Model Traffic Code, with the
addition of the new statutes since the 1991 Edition, more
specifically the recent 1993 additions, and the Washington
Administrative Code, which has been rewritten for this purpose
this year.
Lubovich went on to explain that the crossed out sections of the
ordinance deal mainly with insurance licensing requirements,
which are now included in the Model Traffic Code, and that it
would be a duplication to have them in the City's code.
Lubovich pointed out that he has added wording to the ordinance
to ensure that any amendments to the Code are included. He
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May 24, 1994
distributed copies of the added wording, which is underlined as
follows:
Page 2:
The adopting ordinance has been published in a newspaper as
provided in RCW 35A.12.160. A copy of the State of Washington
Model Traffic Code, together with its amendments, as set forth in
Exhibit A to the adopting ordinance, incorporated by refere_nce as
if set forth herein in full, shall be authenticated and recorded
by the City Clerk along with the adopting ordinance.
Exhibit A to the adopting ordinance, the Washington Model
Traffic Code as adopted herein as the traffic ordinance for the
City of Kent, consists of the Washington Administrative Code
Chapter 308-330 WAC and Sections 46.37.620, 46.44.015, 46.44.105,
46.55.037, 46.61.005, 46.61.371, 46.61.372 and 46.61.517 of the
Revised Code of Washington, all of which amend and supplement,
pursuant to Laws, 1993, Chapter 400, the Washington Model Traffic
Ordinance published March 1991 (Information Bulletin No. 468) by
the Municipal Research and Services Center, as thereafter amended
by the Washington State Legislature also set forth in Exhibit A
as part of the Washington Model Traffic Code.
Page 7:
Exhibit A to this ordinance, the Washington Model Traffic
Code, consisting of the Washington Administrative Code Chapter
308-330 WAC and Sections 46.37.620, 46.44.015, 46.44.105,
46.55.037, 46.61.005, 46.61.371, 46.61.372 and 46.61.517 of the
Revised Code of Washington, all of which amend and supplement,
pursuant to Laws, 1993, Chapter 400, the Washington Model Traffic
Ordinance published March 1991 (Information Bulletin No. 468) by
the Municipal Research and Services Center, as thereafter amended
by the Washington State Legislature, also set forth in Exhibit A
as part of the Washington Model Traffic Code, is hereby adopted
and incorporated by reference as if set forth in full herein as
the traffic ordinance for the City of Kent in conjunction with
the other provisions of Chapter 9.36 of the Kent City Code.
Upon a question from Councilmember Mann, Lubovich clarified that
crossing out the wording on pages 4, 5 and 6 does not weaken the
laws, and that wording is being eliminated because it is now
contained in the Model Traffic Code RCW provisions. He added
that the section on refusal of blood and breath alcohol tests on
page 7 has been crossed out for the same reason.
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May 24, 1994
BENNETT MOVED for the adoption of Ordinance No. 3170 amending
Chapter 9.36 of the Kent City Code relating to the traffic code
by adopting the Washington Model Traffic Code (MTO) pursuant to
Laws 1993, Chapter 400. Woods seconded and the motion carried.
The meeting adjourned at 5:05 p.m.
Brenda J ob r, CMC
City Cle k
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