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ORDINANCE NO. "-29, /
AN ORDINANCE of the City of Kent,
Washington, relating to traffic infraction,
proof of liability insurance, adding new
Sections 10.02.36, 10.02.37 and 10.02.38 to the
Kent City Code.
WHEREAS, cities have the right to enact laws for the
rotection of the public health, safety and general welfare; and
WHEREAS, the Washington State Legislature by RCW
6.30.020 has mandated as of April 1, 1990, that citizens only
ate a motor vehicle when properly insured; and
WHEREAS, the City has previously adopted RCW Chapter
6.90, the Model Traffic Ordinance (MTO) which provides a
omprehensive compilation of state uniform traffic laws. TheK
urpose of the MTO is to allow cities to include all future
is or additions to state traffic laws without having to
nact its own ordinances. The MTO is designed to enhance safe and
fficient movement of traffic throughout the state by having
rent, uniform traffic laws available.
WHEREAS, the addition of any new section to the MTO may
e adopted by cities by reference if the Legislature specifically
rovides that the new section is included in the MTO.
WHEREAS, the 1989 Legislature did not include RCW
6.30.020, the proof of insurance law in the MTO, creating the
d for emergency adoption by the City Council.
WHEREAS, the City Council taking note of the Legislative
to must enforce such legislation and adopts emergency
legislation; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
BY ORDAIN AS FOLLOWS:
i
Section 1. Kent City Code is amended by adding new
''Sections 10.02.36, 10.02.37, and 10.02.38 as follows:
10.02.36. PROOF OF INSURANCE OR FINANCIAL RESPONSIBILITY
EOUIRED. No person may operate a motor vehicle subject to
egistration under chapter 46.16 RCW in this state unless the
erson is insured under a motor vehicle liability policy with
iability limits of at least the amounts provided in RCW
6.29.090, is self-insured as provided in RCW 46.29.630, is
overed by a certificate of deposit in conformance with RCW
6.29.550, or is covered by a liability bond of at least the
mounts provided in RCW 46.29.090.
10.02.37. PENALTY.
A. A violation of this section constitutes a traffic
infraction punishable by a fine of $250 unless the court
ietermines that in the interest of justice the fine should be
:educed. In lieu of the fine, the court may permit the defendant
:o perform community service designated by the court.
B. If a person cited for a violation of this section
ippears in person before the court and provides written evidence
CHAT at the time the person was cited, he or she was in compliance
with this section, the citation shall be dismissed. In lieu of
Dersonal appearance, a person cited for a violation of this
section may, before the date scheduled for the person's appearance
before the court, submit by mail to the court written evidence
that at the time the person was cited, he or she was in compliance
with this section, in which case the citation shall be dismissed.
10.02.38. EXCEPTIONS.
The provisions of this chapter shall not govern:
A. The operation of a motor vehicle registered under
ZCW 46.16.310 or RCW 46.16.315, governed by RCW 46.16.020,
-egistered with the Washington Utilities and Transportation
;ommission as a common or contract carrier; or
B. The operation of a motorcycle as defined in RCW
16.04.330, a motor driven cycle as defined in RCW 46.04.332, or a
noned as defined in RCW 46.04.304.
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RCW 46.29.490 SHALL NOT BE DEEMED TO GOVERN ALL MOTOR
ICLE LIABILITY POLICIES REQUIRED BY THIS CHAPTER BUT ONLY THOSE
FIED FOR THE PURPOSES STATED IN CHAPTER 46.29 RCW.
Section 2. Declaration of Emergency - Effective Date.
En accordance with RCW 35A.11.090, this ordinance is necessary for
:he immediate preservation of public peace, health and safety and
for the support of city government and its existing public
institutions, and by reason of the facts above stated and the
emergency which is hereby declared to exist, this ordinance shall
)ecome effective immediately upon the approval or signing of the
aame by the Mayor or passage over his veto, as provided by law.
ATTEST:
E JENSElq-! CITY
SCOLL, CITY ATTORNEY
SED the day of
the _day of
SHED the AQ day of
D KELLEHER, MAYOR
1990.
1990.
1990.
I hereby certify that this is a true copy of Ordinance
o passed by the City Council of the City of Kent,
ashington, and approved by the Mayor of the City of Kent as hereo
ndicated.
410-300
(SEAL)
MARIE JEN N CITY CLARK
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