HomeMy WebLinkAbout4073 Ordinance NO . 4073
(Amending or Repealing Ordinances)
Amend KCC 9.36.020 - Inattentive Driving
Passed - 2/19/2013
The date["Beginning July 1, 1998"]has led to confusion This date will be deleted from cover sheets of
ordnancetresolution revision pages, This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document—6/21/2012.
ORDINANCE NO. y212
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Section
9.36.020, entitled, "Inattentive Driving," allowing
the City to enforce the Section when a violation
occurs on private property open to the public, and
increasing the penalty.
RECITALS
A. Currently, section 9.36.020 of the Kent City Code limits
citation of the infraction of Inattentive Driving only to offenses that occur
on public highways.
B. For poor driving that occurs in or upon areas open to the
public, but which are privately maintained, e.g. parking lots or alleys, the
Kent Police Department cannot cite for this infraction although the facts
may fit within the definition of"inattentive driving."
C. While officers may cite a person with Negligent Driving in the
Second Degree for poor driving that occurs in or upon areas open to the
public but which are privately maintained, the driving often does not rise
to the level of negligence.
1 Amend KCC 9.36.020 -
Inattentive Driving
Ordinance
D. These amendments to the code will permit the Kent Police
Department to cite for Inattentive Driving for those violations falling within
the definition provided in the code when the driving occurs in or upon
areas open to the public, but which are privately maintained.
E. The penalty is also increased from $100 to $150, plus costs
and assessments to be more consistent with the penalties in neighboring
jurisdictions.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 9.36.020 is amended to read
as follows:
Sec. 9.36.020. Inattentive driving.
A. It is unlawful for any person to operate a motor vehicle in an
inattentive manner upon any highway within the City, or way open to the
public within the City that is maintained primarily for public use and is
adjacent to any highway,
B. For the purpose of this section, "inattentive" means the operation of
a vehicle in a lax or slack manner
C. For the purposes of this section, the term "highway" is defined as
cat forth in RCW 46 04 197 and the term "way open to the public" is
2 Amend KCC 9.36.020 -
Inattentive Driving
Ordinance
defined as set forth in Washington Administrative Code (WAC) 200-200-
15
ED. The offense of operating a vehicle in an inattentive manner shall be
considered to be a lesser offense than, but included in the offense of,
Negligent mafd:ter.Driying in the Second Degree.
9E. A violation of this section shall be a traffic infraction punishable by a
monetary penalty of one hundred fifty dollars ($I69150), plus all
mandatory state costs fees, and assessments.
SECTION 3. - Corrections b.y City Clerk or Code Reviser. 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 4. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision 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 publication, as
provided by law.
'e - /./Or�ff'/
S E COOKE, MAYOR
3 Amend KCC 9.36.020 -
Inattentive Driving
Ordinance
ATTEST:
ONALD F./KdblkEeCITY CL K
r-
APPROVED AS TO FORM: ` - -"0-
TOA BRUBAKElk, CITY ATTORNEY
PASSED: /��day of , 2013.
APPROVED: �day of �rvair 12013.
PUBLISHED: day of 12013.
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 Y Y the Mayor of the City of Kent as hereon indicated.
/ EAQ
RONALD F 00 , CITY CLERK
P\Civil\Ordlnence\1nattenNve Driving 9 36 Docx
4 Amend KCC 9.36.020 -
Inattentive Driving
Ordinance