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ORDINANCE NO. -0:' ("!S
AN ORDINANCE of the City of Kent, Wash-
ington, repealing Kent City Ordinance 0.848 s
95, as amended by 0.993--1958 and codified as
Ordinance 8.28.36$ and further creating Ordin-
ances providing that any person operating a
motor vehicle on the public highways of the
City of Kent, shall be deemed to have consent-
ed to a breath test (if unconscious'a blood
test) to determine intoxication, when arrested
for any offense, provided the arresting officer
has reasonable grounds to believe such operator
was driving, or in control of a vehicle while
intoxicated; directing a six-month revocation of
driving privileges for a person refusing such
test, after having been advised of 'his rights
and consequences of refusal; providing hearing
and appeal procedures; and reducing the blood
alcohol percentage necessary to raise apresump-
tion of intoxication.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON$ DO
ORDAIN AS FOLLOWS:
Section 1. Any person who operates a motor vehicle upon
the public highways of the City of Kent shall be deemed to have
given consent, subject to the provisions of Section 3 of this
Ordinance, to a chemical test, or tests of his breath or blood
for the purpose of determining the alcoholic content of his blood
if arrested for any offense, where at the time of the arrest, the
arresting officer has reasonable grounds to believe that the per-
son has been driving, or was in actual physical control of a
motor vehicle while under the influence of intoxicating liquor.
The test, or tests) shall be administered at the direction of the
law enforcement officer having reasonable grounds to believe the
person to have been driving, or in actual physical control of a
motor vehicle upon the public highways of the City of Kent while
under the influence of intoxicating liquor. Such officer shall
inform the person of his right to refuse the test and of his
right to have additional tests administered by any qualified
person of his choosing as provided in Section 3 of this Ordinance.
The officer shall warn the driverthat his privilege to drive will
be revoked or denied if he refuses to submit to the tests. Unless
the person to be tested is unconscious, the chemical test
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administered shall be of his breath only.
Section 2. Any person who is dead, un conscious, or who
is otherwise in a condition rendering him incapable of refusal,
shall be deemed not to have withdrawn the consent provided by
Section 1 of this Ordinance and the test, or tests, may be adminis-
tered, subject to the provisions of Section 3 of this Ordinance.
Section 3. If, following his arrest, the person arrested
refuses upon the request of a law enforcement officer, to submit
to a chemical test of his breath after being informed that his
refusal will result in the revocation or denial of his privilege
to drive, no tests shall be given. The Department of Motor
Vehicles, upon the receipt of a sworn report of the law enforcement
officer that he had reasonable grounds to believe that the arrestee
person had been driving, or was in the actual physical control of
a motor, vehicle upon the public highways of the City of Kent, while
under the influence of intoxicating liquor, and that the person
had refused to submit to the test upon the request of the law
enforcement officer after being informed that such refusal would
result in the revocation or denial of his privilege to drive, shalt
revoke his license, or permit to drive, or any non-resident drivin;
I
1 privilege. If the person is a resident without a license or permi-
to operate a motor vehicle in this state, the Department shall deny
to the person the issuance of a license for a period of six -months
lafter the date of the alleged violation, subject to review as
I hereinafter provided.
Section 4. Upon revoking the license, or permit to drive
or
or the non-resident operating privilege of any person/upon deter-
mining that the issuance of a license or permit shall be denied
to the person, as hereinbefore in this Ordinance directed, the
IDepartment shall immediately notify the person involved in writing
by personal service, or by registered of certified mail, of its
decision and the grounds therefor, and of his right to a hearing
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specifying the steps he must take to obtain a hearing. The pers
upon receiving such notice, may in writing and within ten (10)
days therefrom request a formal hearing. Upon the receipt of s
request, the Department shall afford him an opportunity for a
hearing as provided in RCW 46.20.329 and RCW 46.20.332. The
scope of such hearing for the purposes of this Ordinance shall
cover the issues of whether a law enforcement officer had reason-
able grounds to believe the person had been driving, or was in
actual physical control of a motor vehicle upon the public high-
ways of the City of Kent, while under the influence of intoxicat-
ing liquor, whether the person was placed under arrest and whether
he refused to submit to the test upon request of the law enforcemer
officer after having been informed that such refusal would result
in revocation or denial of his privilege to drive. The Depart-
ment shall order that the revocation, or determination that there
should be a denial of issuance either be rescinded or sustained.
I
Any decision by the Department revoking a person's driving
privilege shall be stayed and shall not take effect while a formal
hearing is pending as herein provided, or during the pendency of
the subsequent appeal to Superior Court; Provided, that this stay
shall be effective only so long as there is no conviction for a
moving violation during the pendency of the hearing and appeal.
Section 5. If the revocation or aezermu1CLL.LU1L 611Q16
there should be a denial of issuance is sustained after such a
r hearing, the person whose license privilege or permit is so
ii affected shall have the right to file a petition in the
I
Superior Court of the county wherein he resides, or, if a non -
i, resident of this state, where the charge arose, to review the
final order of revocation or denial by the Department in the
manner provided in RCW 46.20.334.
Section 6. When it has been finally determined under
the procedures of this section that a nonresident's privilege to
operate a motor vehicle in this state has been revoked, the
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Department shall give information in writing of the action taken
to the Motor Vehicle Administrator of the State of the person's
residence and of any State in which he has a license.
Section 7. The Deparment shall not suspend a driver's
license or privilege to drive a motor vehicle on the public high-
ways for a fixed period of more than one (1) years, except as
permitted under RCW 46.20.342. Whenever the license of any person
is suspended by reason of a conviction or pursuant to RCW 46.20.29L,
said suspension shall remain in effect and the Department shall
not issue to such person any new or renewal of license, until such
person shall give and thereafter maintain proof of financial res-
ponsibility for the future, as provided in Chanter 46.29 RCW.
Section 8. Any person whose .iicense uv !J I'J 1cc
drive a motor vehicle on the public highways of the City of Kent
has been re voke d shall not be entitled to have such license or
privilege renewed or restored, unless the revocation was for a
cause which has been re moved, except that after the expiration of
six months in cases of revocation for refusal to submit to a
chemical test under the provisions of Section 1 of this Ordinance,
and in all other revocation cases after the expiration of one
year from the date on which the revoked license was surrendered
to and received by the Department, such person may make applica-
tion for a new license as provided by law, but the Department sha]
not then issue a new license unless it is satisfied after investi-
gation of the driving ability of such person that it will be safe
to grant the privilege of driving a motor vehicle on the public
highways, and until such person shall give and thereafter maintair
proof of financial responsibility for the future as provided in
chapter 46.29 RCW.
Section 9. It is unlawful for any person who is under
the influence or affected by the use of intoxicating liquor, or
of any narcotic drug to drive or be in actual physical control of
a vehicle within the City Limits of the City of Kent.
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Section 10. Upon the trial of any civil or criminal
action or proceeding arising out of the acts alleged to have been
i
committed by any person while driving or in actual physical
control of a vehicle while under the influence of intoxicating
! liquor, the amount of alcohol in the person's blood at the time
i;
alleged as shown by the chemical analysis of his blood, breath,
ii or other bodily substance shall give rise to the following presumy
tions:
(a) If there was at that time 0.05 per cent or less
by weight of alcohol in the person's blood, it shall be
presumed that he was not under the influence of intoxicating
liquor.
(b) If there was at that time in excess of 0.05 per
but less than 0.10 per cent by weight of alcohol in the person's
blood, such facts shall not give rise to any presumption that
the person was, or was not under the influence of intoxicat-
ing liquor, but such evidence may be considered with other
competent evidence in determining whether the person was under
the influence of intoxicating liquor.
(c) If there was at the time 0.10 per cent, or more,
by weight of alcohol in the person's blood it shall be pre-
sumed that he was under the influence of intoxicating liquor.
(d) Per cent by weight of alcohol in the blood shall
be based upon milligrams of alcohol per 100 cubic centimeters
of blood.
(e) The foregoing provisions of this Ordinance shall
not be construed as limiting the introduction of any other
competent evidence bearing upon the question whether the
person was under the influence of intoxicating liquor.
Section 11. Chemical analysis of the person's blood
or breath to be considered under the provisions of this Ordinance
shall have been performed according to methods approved by the
State toxicologist and by an individual possessing a valid permi-
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isamed by the State toxicologist for this purpose. The State
toxicologist is directed to approve satisfactory techniques or
methods to supervise the examination of individuals to ascertain
their qualifications and competence to conduct such analysis and
to issue permits which shall be subject to termination or revoca-
tion at the discretion of the State toxicologist.
Section 12. When a blood test is administered under the
provisions of Section 1 of this Ordinance, the withdrawal of blood
for the purpose of determining its alcoholic content may be perfor
ed only by a physician, a registered nurse, or a qualified techni-
cian. This limitation shall not apply to the taking of breath
specimens.
Section 13. The person tested may have a physician, or
a qualified technician, chemist, registered nurse, or other
qualified person of his own choosing administer a chemical test or
tests in addition to any administered at the direction of a law
enforcement officer. The failure or inability to obtain an addi-
tional test by a person shall not preclude the admission of
evidence relating to the test or tests taken at the direction of
a law enforcement officer.
Section 14. Upon the request of the person who shall
submit to a chemical test or tests at the request of a law enforce
Iment officer, full information concerning the test or tests shall
The made available to him, orhis attorney.
ISection 15. Upon the effective date of this Ordinance,
;Kent City Ordinance 0.848 s 95, as amended by 0.993--1958 (codifie
I,as Kent City Ordinance 8. 2 8.36 ) shall be repealed.
Section 16. Any person convicted of a violation of any
1j of the Sections of this Ordinance shall, in addition to any other
penalties as provided by the Laws of the State of Washington, be
punished by a fine of not more than Three Hundred Dollars ($300.00),
or by imprisonment for not more than ninety (90) days in jail, or
ilby both such fine and imprisonment.
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Section 17. If any provision of this Ordinance or its
application to any person or circumstance is held invalid, the
remainder of this Ordinance, or the application of the provisions
to other persons or circumstances shall not be affected.
Section 18. This Ordinance shall take effect and be in
force five (5) days from after its passage, approval and publica-
tion as provided by law.
Attest:
MARIE, city Clerk
Approved as to , -form:
t
, ereiter, city ttorney
Parise d this day of 1�`e 1968.1968.
Approved this4L(,
o� 8
Published this qday of XC�� , 1968.
I hereby certify that this is a true copy of Ordinance
No.�a � , passed by the City Council of the City of Kent and
approved by the Mayor of the City of Kent as hereon indicated.
(SEAL)
1 y er
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