HomeMy WebLinkAbout3921AN ORDINANCE of the City Council of the
City of Kent, Washington, amending sections
9.42.020 and 9.43.030 of the Kent City Code to
expand the prohibition against unlawful race
attendance beyond the designated No Racing
Zones to include attendance at any illegal street
race within the City of Kent, to add additional No
Racing Zones within which the Kent Municipal
Court can prohibit a defendant from engaging in
racing or unlawful race attendance as a condition
of pre-trial release or probation, and to make
housekeeping changes to alphabetize the
designated No Racing Zones and to more clearly
identify the affected streets.
RECITALS
A. In 2001, the Kent City Council adopted Ordinance No. 3557,
which prohibited spectators from attending illegal street races within
established "No Racing Zones." The adoption of this ordinance allowed the
Kent Police Department to cite not only those drivers participating in illegal
street races, but also those spectators whose attendance perpetuate
dangerous and illegal street racing.
B. The purpose of this ordinance is to amend KCC 9.42.020 to
expand the prohibition against illegal street race attendance beyond the
designated "No Racing Zones" to include attendance at any illegal street
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race within the City. Additionally, this ordinance provides further
clarification of conduct a Kent Police Officer will consider in evaluating
whether unlawful race attendance has occurred. Furthermore, this
ordinance amends KCC 9.43.030 to add additional No Racing Zones within
which the Kent Municipal Court can prohibit a defendant from engaging in
racing or unlawful race attendance as a condition of pre-trial release or
probation. Should a defendant violate a court order by participating in or
attending an illegal street race within a No Racing Zone, the penalty
remains a gross misdemeanor punishable by a fine not to exceed $5,000,
or imprisonment not to exceed one year, or both such fine and
imprisonment.
C. Lastly, this ordinance makes minor revisions to KCC 9.43.030
to alphabetize the designated No Racing Zones for better readability and
identification, and to more clearly identify the affected streets.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Section 9.42.020 of the Kent City
Code, entitled "Unlawful race attendance-Prohibited," is amended as
follows:
Sec. 9.42.020. Unlawful race attendance -Prohibited.
A. Any person (1) who has actual or constructive knowledge that
:ffteyhe or she is -are-in a designated SOAR area attendance of an unlawful
race event and (2) who has actual or constructive knowledge that an
unlawful race event is occurring, has occurred, or is about to occur, and
(3) was there with the intent to observe or support or encourage the
unlawful race event, is guilty of a misdemeanor.
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B. The circumstances which may be considered in determining whether
a violation of subsection (A) of this section has occurred shall include, but
not be limited to:
1. The unlawful race event occurred in a designated No Racing
Zone as defined in KCC 9.43.030:
2. The person is associating with persons racing in an unlawful
race event:
3. The person, by admission, is in attendance of an unlawful
race event with the intent to observe or support or encourage the unlawful
race event:
4. Statements of other persons who are shown to be in
attendance of an unlawful race event which provide evidence that the
person intends to observe or support or encourage an unlawful race event:
5. The person either operates or is a passenger in a vehicle that
shares the attributes of other vehicles that are in attendance of the
unlawful race event or which are engaging in, about to engage in, or which
have engaged in an unlawful race;
6. The person either operates or is a passenger in a vehicle
which is driven in such a manner as to show evidence of an attempt to flee
or escape detection when a police officer arrives on the scene of an
unlawful race event; or
7. The person has no reasonable alternative purpose for being in
the area in which the unlawful race event is occurring, is about to occur, or
which occurred.
SECTION 2. -Amendment. Section 9.43.030 of the Kent City
Code, entitled "SOAR orders-Designated "No Racing Zones," is amended
as follows:
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Sec. 9.43.030. SOAR orders -Designated "No Racing Zones."
A. Designated Zones. The SOAR order may apply to any of the
following "No Racing Zones":
1. 54th Avenue South from South 22sth Street the 22800 block to
the end of the road at the 22500 block.
2. 53th Place South from Russell Road to South 194th Way.
3. 59th Place South from South 212th Street to South 199th Place.
4. 62nd Avenue South from South 199th Place to South 190th
Street .
.5.4. 54th Avenue South from James Street to South &.-212th Street
to James Street .
.Q.5. 72nd Avenue South from 22oth Street S. 180l:ft Street to South
1soth s. 228l:R-Street.
7. 75th Avenue South (signage reads 75th Avenue) from South
22sth Street (signage reads 22sth St.) to South 212th Street.
8. soth Avenue South from 195th Street to South 180th Street.
9. 35th Avenue South from South 202nd Street to South 193th
Street.
10. 37th Avenue South from South 2osth Street to South 193th
Street.
11. sgth Avenue South (signage reads sgth) from the 20400 block
to South 193th Street.
126. &.-South 1soth Street from 68th Avenue South (West Valley
Highway) to 34th Avenue South (East Valley Highway).
13. South 19oth Street from 62nd Avenue South to 53th Avenue
South.
7. 80th Avenue South from S. 180th Street to S. 184th Street.
14. South 194th Street and 53th Place South from 55th Avenue
South to Russell Road.
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158. South 199th Place from 59th Place South to 68th Avenue South
(West Valley Highway).
9. South 194t1T Street and South 194t1T 'l'v'ay from 66t!T Avenue S.
to Russell Road.
16. South 202nd Street from s4th Avenue South (East Valley
Highway) to s9th Avenue South.
17ffi. South 225th Street from 54th Avenue South to 54th Avenue
South. to 54t1T Avenue S.
11. South 20200 Street from 84t!T Avenue S. to 99t1T Avenue S.
12. 62nd Avenue South from South 192nd Street to South 199th
Place.
B. Adjoining Areas Included. 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.
C. Posting of Signs. 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.~
SECTION 3. -Severabi!itv. 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.
II
II
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SECTION 4. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
ATTEST:
APPROVED AS TO FORM:
BRUBAKER, CITY ATTORNEY
PASSED: ~-day of June, 2009.
APPROVED: /7 day of June, 2009.
PUBLISHED: 20 day of June, 2009.
I hereby certify that this is a true copy of Ordinance No. --""'------'-
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P:\Clvll\Ordlnance\NoRaclngZone-ClarlfyAttendanceConduct&AddZones.doc
CA1~~lJ-~A~~EAL)
CITY CLERK
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