HomeMy WebLinkAbout3738Ordinance No. 3738
(Amending or Repealing Ordinances)
CFN=122 — Police/Fire Departments
Passed — 4/5/2005
Racing and Race Attendance - Amend KCC Chapters 9.42 and 9.43
(Secs. 9.42.010 & 9.42.020; 9.43.005; 9.43.010; 9.43.015; 9.43.020; 9.43.030;
9.43.040)
Amending Ords. 3557 & 3598 (Sec. 9.42.020, 9.43.015, 9.43.030 &
9.43.040)
Amended by 3921 (Secs. 9.42.020 & 9.43.030)
ORDINANCE NO. 1734'
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Chapters 9.42 and 9.43 of
the Kent City Code to address racing and race attendance
within the City of Kent.
RECITALS
A. On June 5, 2001, the City of Kent became the first municipality in
Washington, and possibly the country, to pass an ordinance that makes it a crime to
attend an illegal street race in certain areas of the City and permits a judge to order
those convicted of illegal street racing to stay out of certain areas of the City
designated as no racing zones.
B. Other municipalities in the south King County region have since
ved suit by passing similar ordinances. These codes have proven to be effective
in reducing the incidents of illegal street racing and the attendance of spectators
illegal street racing events.
C. Illegal street racers and their spectators have altered their illegal racing
s by racing in newly constructed industrial areas of the City and by racing at
not specifically covered by the current City code.
1 Racing and Race Attendance -
Amend %CC Chapters 9.42 and 9.43
D. Amendments to the City's code are necessary to add areas frequented by
illegal street racers, to change the times in which attending street racing events is
illegal, and to make technical changes to the ordinance in order to facilitate the
efficient prosecution of these matters.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION L — Amendment. Chapter 9.42 of the Kent City Code, entitled
Race Attendance," is amended as follows:
Chapter 9.42
UNLAWFUL RACE ATTENDANCE
Sec. 9.42.010. Definitions. Unless the context clearly requires otherwise, the
definitions in this section shall apply throughout this chapter.
Public place means an area, whether publicly or privately owned, generally
to the public and includes, without limitation, the doorways and entrances to
ngs or dwellings and the grounds enclosing them, streets, sidewalks, bridges,
plazas, parks, driveways, and parking lots.
B. Unlawful race event means an event wherein persons willfully compare or
contest relative speeds by operation of one or more motor vehicles.
Sec. 9.42.020. Unlawful race attendance — Prohibited. Any person (1) who
actual or constructive knowledge that they are in a designated SOAR area bet�,wer�
(2) who has actual or constructive
that an unlawful race event is occurring, has occurred, or is about to occur,
2 Racing and Race Attendance -
Amend KCC Chapters 9.42 and 9.43
and (3) was there with the intent to intends to observe or support or encourage the
unlawful race event, is guilty of a misdemeanor.
SECTION 2. — Amendment. Chapter 9.43 of the Kent City Code, entitled "Stay
Out of Areas of Racing — SOAR" is amended as follows:
Chapter 9.43
STAY OUT OF AREAS OF RACING — SOAR
Sec. 9.43.005. Findings. The zones listed in section 9.43.030 of the Kent City
Code are frequented by illegal racers and those who attend illegal races. These zones
attract illegal street racers and their spectators as the roads are straight, wide, and long,
and traffic during the dark hours is not heavy. It is in these zones that street racers and
their spectators cause damage to pavement, curbing, and street striping. Due to the
volume of people that attend illegal street races in these zones, which can number in
the hundreds, adjacent private property owners suffer economic loss due to the trash,
human waste, and graffiti that is left behind. Street racers also cause damage to this
private property by destroying planters and vegetation and parking lot black top In
addition, due to the high volume of people who attend illegal street races there is a
severe risk of danger to the street racers and their spectators Spectators crowd the
streets as vehicles race close by at excessive speeds. This uncontrolled racing
environment has been known to cause serious injuries and death around the country.
The zones listed in section 9.43.030 of the Kent City Code suffer a much higher
incidence of illegal street racing and race attendance than other zones or areas of the
CAL
Sec. 9.43.010. Stay Out of Areas of Racing — Abbreviation. As used in this
title, the acronym "SOAR" represents "Stay Out of Areas of Racing."
Sec. 9.43.015. SOAR orders. A SOAR order prohibits persons from engaging
in racing or unlawful race attendance within a no racing zone, as set forth in KCC
9.43.030 betywe the ho c 10.00 a 5:00
., ... ,,.,.. uav z�SO �V—CC112.
3 Racing and Race Attendance -
Sec. 9.43.020. SOAR orders — Issuance.
A. The municipal court may issue a SOAR order to any person charged with
racing, unlawful race attendance, reckless driving associated with race activity, or
trespass associated with race activity as a condition of pre-trial release, sentence, or
deferred sentence.
B. A person is deemed to have notice of the SOAR order when:
1. The signature of either the person named in the order or that of his or her
attorney is affixed to the bottom of the order, which signature shall signify the person
named in the order has read the order and has knowledge of the contents of the order;
rii
2. The order recites that the person named in the order, or his or her
attorney, has appeared in person before the court at the time of issuance of the order.
C. The written SOAR order shall contain the court's directives and shall bear the
statement: "Violation of this order is a criminal offense under KCC 9.43.030 and will
subject the violator to arrest."
Sec. 9.43.030. SOAR orders — Designated "No Racing Zones." The SOAR
order may apply to any of the following "No Racing Zones" between the hoofs e
1. 54th Avenue South from the 22800 block to the 22500 block.
2. 58th Place South from Russell Road to South 194th Way.
3. 59t' Place South from South 212'x' Street to South 199`x' Place.
43. 64th Avenue South from S. 212th Street to James Street.
54. 72nd Avenue South from S. 180th Street to S. 228th Street.
66. S. 180th Street from 68th Avenue South to 84th Avenue South.
76. 80th Avenue South from S. 180th Street to S. 184th Street.
8. South 1990' Place from 59a` Place South to 68th Avenue South (West
Valley Highway).
4 Racing and Race Attendance -
Amend KCC Chapters 9.42 and 9.43
9-7. South 194th Street and South 194th Way from 66th Avenue S. to
Russell Road.
108. South 226th Street from 64th Avenue S. to 54th Avenue S.
119. South 202nd Street from 84th Avenue S. to 90th Avenue S.
12. 62"d Avenue South from South 192"d Street to South 199d' Place.
These "No Racing Zones" include any highway, as that term is defined in RCW
46.04.197, together with adjoining property areas (such as sidewalks, entryways,
landscaped areas, and parking areas) if those adjoining areas are being used for racing
or unlawful race attendance.
These "No Racing Zones" shall be designated by the placement of clear and
conspicuous signs at all highway entrances to the no racing zone. At a minimum, these
signs must include the following statements: No Racing Zone; Race Attendance
Prohibited; KCC 9.42.020.
Sec. 9.43.040. SOAR orders — Violation.
In the event a police officer has probable cause to believe that a person has been
I a SOAR order as a condition of pre-trial release or a sentence imposed by the
and, in the officer's presence, the person is seen violating or failing to comply
any requirement or restriction set forth in the SOAR orderiffqxea-#hat
we, the officer may arrest the violator without warrant for violation of the SOAR
and shall bring that person before the court that issued the order.
When a SOAR order is issued pursuant to this chapter and the person so named
the order has notice of the order, a violation of any of the provisions of the SOAR
ler is a gross misdemeanor and shall be punishable by a fine not to exceed five
)usand dollars ($5,000) or imprisonment not to exceed more than one (1) year, or
5 Racing and Race Attendance -
Amend KCC Chapters 9.42 and 9.43
SECTION 3. — Severability If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 4. — Effective Date. This ordinance shall take effect and be in force
thirty (30) days from and after its passage ass provided by law.
JIM
ATTEST:
BRENDA JACOBER, CITttLERK
APPROVED AS TO FORM:
BRUBAKER, CITY ATTORNEY
t
6 Racing and Race Attendance -
Amend KCC Chapters 9.42 and 9.43
PASSED: -5 day of April, 2005.
APPROVED: 6 day of April, 2005.
PUBLISHED: day of April, 2005.
I hereby certify that this is a true copy of Ordinance No. 973x'
passed by the City Council of the City of Kent, Washington, and approved by the
of the City of Kent as hereon indicated.
-✓ Q-�e--�SEAL)
BRENDA JACOBE ITY CLERK
7 Racing and Race Attendance -
Amend KCC Chapters 9.42 and 9.43