HomeMy WebLinkAbout4079 Ordinance No . 4079
(Amending or Repealing Ordinances)
Traffic Safety School
Passed - 5/21/2013
Repealing Ord. 1266 and adding a new Sec. 9.36.130
The date["Beginning July 1, 1998°]has led to confusion. This date will be deleted from cover sheets of
ordinance/resolution 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.
i
ORDINANCE NO. you
AN ORDINANCE of the city council of the
city of Kent, Washington, repealing Ordinance No.
1266 and adding a new section 9.36.130 to the
Kent City Code establishing a Traffic Safety School
to promote traffic safety within the city of Kent.
RECITALS
A. On September 8, 1964, the City passed Ordinance 1266
which expressed the intent of the City to join with King County to establish
a traffic school formed pursuant to Chapter 46.83 RCW. There is no
indication in available records to show that the traffic school referred to in
Ordinance 1266 was ever formed.
B. Since 2005, the Kent Police Department has operated a traffic
safety school as a diversion program for certain persons charged with
certain traffic infractions. This traffic school was formed and has been
operated independently from King County. Through this program, eligible
enrollees have the opportunity to attend the traffic school to avoid a
committed finding for a traffic infraction. Those who attend the traffic
school are instructed in the proper, lawful, and safe operation of motor
vehicles.
C. The City is authorized, through its broad municipal powers
found in Chapter 35A RCW, to maintain and operate a traffic safety school
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Ordinance
independent of Chapter 46.83 RCW. Through this ordinance, the City
codifies the existing traffic school in Kent City Code 9.36.130, entitled,
"Traffic Code," in order to officially establish and describe the program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. A new Section 9.36.130 is hereby
added to the Kent city code as follows:
Sec. 9.36.130. Traffic safety school.
A. Authorized. The traffic safety school is hereby authorized.
The traffic safety school shall be administered and operated by the police
department.
B. Purpose. The purpose of the traffic safety school is to create
a foundation for safe driving habits by educating participants in the proper,
lawful, and safe operation of motor vehicles upon the roadway, the rules of
the road, the challenges of driving safely among bicyclists and pedestrians,
and the consequences of unsafe driving practices.
C. Attendance. Attendance at the traffic school may be a
condition of diversion of a traffic infraction or criminal traffic citation prior
to the filing of the infraction or criminal traffic citation. Attendance at the
traffic school may also be ordered by the Kent Municipal Court or agreed to
by the prosecutor as a condition of a sentence, suspended sentence,
deferral of sentence, or continuance in a criminal case or as condition of a
deferred finding in a traffic infraction case.
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Ordinance
D. Fee. The police department shall charge a fee to attend the
traffic safety school. The amount of the fee shall be established or
amended by the city council by resolution. Fees collected to attend the
traffic safety school may be used to:
1. Reimburse the city for the costs of administering the
traffic safety school;
2. Provide for safe driver education materials, programs,
promotions and advertising;
3. Pay the costs associated with the training of law
enforcement officers and personnel or purchase law enforcement
equipment; or
4. Pay the costs related to the investigation and
enforcement of traffic related offenses and criminal laws.
E. Policies and procedures. The city shall establish policies and
procedures that determine who shall be eligible for the traffic safety
school; the dates, times, and location in which the traffic safety school
shall be offered; the curriculum of the traffic safety school; and the effect
of successful completion of the traffic safety school.
SECTION 2. - Ordinance No. 1266 Re ead. Ordinance number
1266, originally passed on September 8, 1964, is repealed in its entirety,
along with any other ordinance to the extent that such other ordinance
amended Ordinance 1266.
SECTION 3. - Ratification. Any act consistent with the authority
and prior to the effective date of this ordinance is hereby ratified and
affirmed.
SECTION 4. - Severabillty. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
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Ordinance
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall maintain its full force and effect.
SECTION 5. - Corrections by 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 6. - 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.
IC&OOKE, MAYOR
ATTEST:
c
RONALD F. ORE TY CLE K
'00,APPROVED AS TO FORM:
*U-V' Pvf A.I�"
TCVM BRUBAKER, CI ATTORNEY
PASSED: day of e , 2013.
APPROVED: m day of , 2013.
PUBLISHED:r27�day of ?eia , 2013.
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Ordinance
I hereby certify that this is a true copy of Ordinance No. '`teaPq
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
1l SEAL)
X14RONALD,FeKOOR ITY C ERK
P\0vll\Ordimnoe\Traffic Safety School Ordinance.docx
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