HomeMy WebLinkAbout4033ORDINANCE No.1u3~
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section 9.36
of the Kent City Code, entitled "Traffic Code,"
adding duties of an operator of a motor vehicle in
case of an accident with a pedestrian or vehicle
propelled by human power.
RECITALS
A. The Revised Code of Washington (RCW) 46.52.020 states it is
a crime for a motor vehicle driver to leave the scene of an accident 1f he or
she struck and inJured a pedestrian. Such crime is punishable as a Class
"C" Felony.
B. The Kent law department criminal division has seen a number
of cases involving a motor vehicle vs. a pedestrian that apparently do not
meet the filing guidelines for the King County prosecutor's office.
C. In the past, the city of Kent's police department cites such
felonies as "attempted" in order to file them 1n a court of l1m1ted
JUrisd1ct1on (e.g. Kent Municipal Court); however, citing this crime as an
"attempted" charge creates a circumstance where proving the crime to a
Jury would be extremely d1ff1cult.
1 Amend KCC 9.36
Amend Traffic Code -Ordinance
D. The city of Kent wishes to add the duty to stop and determine
the physical cond1t1on of a pedestrian in the case of an accident with a
pedestrian or vehicle propelled by human power to the Kent City Code so
that prosecution of the offense 1s clearly defined for ease of prosecution.
NOW THEREFORE, THE CTIY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -New Section. Section 9.36.075 is added to Chapter
9.36, to read as follows:
Sec. 9.36.075. Duty in the case of accident with pedestrian
or vehicle propelled by human power. The operator of any motor
vehicle involved in an accident with a pedestrian, or with a device
propelled by human power operated by any person, or upon which a
person is seated, shall do the following:
1. Immediately stop such vehicle at the scene of such accident,
or as close thereto as possible, and return to and remain at the scene of
such accident until he or she has given his or her name, address,
insurance company, insurance policy number, and vehicle license number,
and exh1b1t his or her operator's license to the pedestrian or person
operating the device propelled by human power, or, if they are
unconscious or incompetent, provide the same information to another
person who he or she reasonably believes 1s acting on their behalf; or, 1f
the pedestrian or person operating the device propelled by human power 1s
unconscious or incompetent, and there 1s no one to act on their behalf,
shall 1mmed1ately, or as soon as possible, call 9-1-1 to summon
emergency services to the scene.
2 Amend KCC 9.36
Amend Traffic Code -Ordinance
2. Under no circumstances shall the rendering of assistance or
other compliance with the provisions of this section be evidence of l1ab1hty
of any motor vehicle operator of such accident.
For the purposes of this section, "Pedestrian" means any person who is
afoot or who is using a wheelchair, a power wheelchair1 an electric
personal ass1stive mob1l1ty device, or a means of conveyance propelled by
human power. "Motor Vehicle" shall be as defined in RCW 46.04.320.
Violation of this section is a gross misdemeanor the maximum penalty of
which 1s three-hundred and sixty-four (364) days in Jail and a five-
thousand dollar ($5,000) fine.
$ECUQN 2. -Upon approval of the City Attorney, the City Clerk
and the code reviser are authorized to make necessary corrections to this
ordinance, including the correction of clerical errors; ordinance, section, or
subsection numbering; or references to other local, state or federal laws,
codes, rules, or regulations.
SECTION 3. -Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconst1tut1onal or invalid, that
dec1s1on shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its 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 and publ1cat1on, as
provided by law.
3 Amend KCC 9.36
Amend Traffic Code -Ordinance
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ATTEST:
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APPROVED AS TO FORM: ..:...,, : _,
Td'#uB~NEY : .:. .:.. ... -.. · .-...
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PASSED: I 7 day of ----1.,,~.....:=:.,,,..=......;;.=. =----' 2012.
APPROVED: /7 day of------1.~"""""'"'=-==~---' 2012.
PUBLISHED: ;;?.0 day of_..;:~'--~--""-=·:..=;_ ___ , 2012.
I hereby certify that this 1s a true copy of Ordinance No. 1-o .3"
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 \Clvtl\Ordmance\Trafflc Code Amend 9 36 docx
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4 Amend KCC 9.36
Amend Traffic Code -Ordinance