HomeMy WebLinkAbout2414ORDINANCE NO v-,-� 9I!L
AN ORDINANCE of the City of Kent,
Washington, relating to alcohol related driving
offenses and criminal penalties; amending
Section 10.02.10 (Ordinance 2210, Section 1, as
last amended by Ordinance 2384, Section 2) of
the Kent City Code; adding a new Section
10.02.09 Kent City Code prohibiting open
alcoholic containers in motor vehicles; and
declaring an emergency therefore.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 10.02.10 (Ordinance 2210, Section 1,
as last amended by Ordinance 2384, Section 2) of the Kent City
Code is amended as follows:
10.02.10. ADDITIONAL SECTIONS OF RCW ADOPTED BY
REFERENCE. Upon the filing of one copy with the City Clerk, the
following sections of the Revised Code of Washington as now or
hereafter amended are hereby adopted by reference in all respects
as though such Sections were set forth herein in full:
46.61.502 Driving while under the influence of
intoxicating liquor or drug -- what
constitutes.
46.61.504 Actual physical control of motor vehicle
while under influence of intoxicating
liquor or drug - What constitutes -
Defenses.
46.61.506 Persons under influence of intoxicating
liquor or drug - Evidence - Chemical
tests - Information concerning tests.
46.61.515 Driving or being in physical control of
motor vehicle while under the influence
of intoxicating liquor or drugs -
Penalties - Penalty assessments in
addition to fines, etc. - Suspension or
revocation of license - Appeal.
ameadedy shall be a fine net te emeeed five hundred dellar-s��
Section 2 A new Section 10.02.09 is added to the Kent
City Code as follows:
10.02.09 OPEN CONTAINER
(1) It is a traffic infraction to drink any alcoholic
beverage in a motor vehicle when the vehicle is upon a street or
highway.
(2) It is a traffic infraction for a person to have in
his possession while in a motor vehicle upon a street or highway,
a bottle, can, or other receptacle containing an alcoholic
beverage if the container has been opened or a seal broken or the
contents partially removed.
(3) It is a traffic infraction for the registered owner
of a motor vehicle, or the driver if the registered owner is not
then present in the vehicle, to keep in a motor vehicle when the
vehicle is upon a street or highway, a bottle, can, or other
receptacle containing an alcoholic beverage which has been opened
or a seal broken or the contents partially removed, unless the
container is kept in the trunk of the vehicle or in some other
area of the vehicle not normally occupied by the driver or
passengers if the vehicle does not have a trunk. A utility
compartment or glove compartment is deemed to be within the area
occupied by the driver and passengers.
(4) This section does not apply to a public conveyance
that has been commercially chartered for group use or to the
living quarters of a motor home or camper or, except as otherwise
provided by RCW 66.44.250 to any passenger for compensation in a
for -hire vehicle licensed under city, county or state law.
Section 3. Effective Date. This ordinance is a public
emergency ordinance and is necessary for the immediate
preservation and protection of the public peace, health and
safety, and shall become effective immediately upon adoption.
4j
I ABEL HOGAN, 'MAYO10
(ATTEST:
E
MARIE JENQSZ, CI Y CLERK
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APPROVED AS TO FORM:
P. ST EN DiJULIO, C TY ATTORNEY
PASSED then day of? , 1985.
APPROVED the day of �� , 1983.
PUBLISHED the -_day of e, , 198.
`i
.I hereby certify that this is a true copy of Ordinance
No. '1` ' , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereor
indicated.
'780-25A
�2a� (SEAL)
MARIE J �N, CI Y CLERK
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