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Ordinance 29470006.160.056C MA:are 06/18/93 rev: 07/17/93 ORDINANCE NO. 2947 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 8.05.030 AND SECTION 8.05.040 AND .FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the State of Washington and its legislature have amended the Washington Model Traffic Ordinance ("MTO") by decriminalizing RCW 46.64.020 Failure to Appear after Written Promise and RCW 46.64.027 Failure to Comply with Traffic Infraction Laws, and changing these laws from statutes to administrative rule; and WHEREAS, the State of Washington and its legislature have amended the laws concerning evasion of vehicle excise taxes, time limits for conducting blood or breath tests for alcohol; warning devices on buses and driver's duty to yield and stop; stopping for pedestrians in crosswalks; and WHEREAS, the State of Washington and its legislature have provided for the seizure and forfeiture of vehicles after a second conviction for driving while under the influence of alcohol or drugs conviction; and WHEREAS, the State of Washington and its legislature have required that criminal penalties set by Cities be the same as those set in state law; and WHEREAS, the State penalties have been amended effective July 25, 1993; and 50160.1 -1- WHEREAS, the Edmonds City Council finds that this ordinance is in the interest of the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 8605.030 of the Edmonds City Code is hereby amended by adding paragraphs J and K to include the following statutes not adopted: J. RCW 46.64.020 Failure to Appear After Written Promise (Repealed Chap. 501, Sec.13, Laws of 1993) K. RCW 46.64.027 Failure to Comply (Repealed Chap. 501, Sec. 13, Laws of 1993) Section 2. STATE TRAFFIC STATUTES ADOPTED BY REFERENCE. Section 8.05.040 of the Edmonds City Code is amended by adding paragraphs H, I, J K and L to include the following statutes of the State of Washington including all future amendments thereto, which are hereby adopted by reference: H. Chapter 238, Section 1 of the Laws of 1993, amending RCW 46.16.010. Relating to Evasion of Vehicle Excise Taxes. I. RCW 46.61.502 and RCW 46.61.504 Time limits for conducting blood or breath tests for alcohol J. RCW 46.37.190 Warning devices on buses, emergency vehicles -- Driver's duty to yield and stop; 50160.1 -2- K. RCW 46.61.235 Stopping for pedestrians in crosswalks; L. Chapter 487, Section 2 of the Laws of 1993, amending RCW 46.61, Seizure and Forfeiture of Vehicles Driven by Owners after a Second, or Subsequent Conviction for Driving While Under the Influence of Alcohol or Drugs. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: /G ✓'�.i�� u . ifs ATTEST /AUTHENTICATED: W/ ./ i RHONDA J ii APPROVED AS TO FORM: OFFIC THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: 07/20/93 PASSED BY THE CITY COUNCIL: 07/27/93 PUBLISHED: 08/01/93 EFFECTIVE DATE: 08/06/93 ORDINANCE NO. 2947. 50160.1 -3- SUMMARY OF ORDINANCE NO. 2947 of the City of Edmonds, Washington On the 27th day of July , 1993, the City Council of the City of Edmonds, passed Ordinance No. 2947 . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 8.05.010, AND REPEALING SECTIONS 8.05.020 AND 8.05.030 AS A RESULT OF THE STATUTORY REPEAL OF THE MODEL TRAFFIC ORDINANCE AMENDING CHAPTER 8.05 OF THE TRAFFIC CODE BY ADOPTING CERTAIN PROVISIONS OF CHAPTER 238, LAWS OF 1993. RCW 66.4.270, RCW 46.61.502, RCW 46.37.190, AND RCW 46.61.235, AND AMENDING CHAPTER 8.056040 OF THE TRAFFIC CODE BY ADOPTING CERTAIN PROVISIONS OF CHAPTER 238, LAWS OF 1993, RCW 66.44.270 AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. request. The full text of this Ordinance will be mailed upon DATED this 28th day of Jul y , 1993. STATE OF WASHINGTON, COUNTY OF SNOHOMISH. 2947 , On No. 2947. A summary of fhe content of said ordinance, consisting of the title, provides 3s follows: AN ORDINANCE OF THE CITY e full text of this once will be mailed upon st. this 28th day of July, HONDA J. MARCH itv Clerk shed: August 1, 1993. B -2-1 I Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... Summary....-of ........... ...................... .... . . . .. C.tY...of ... Edmonds...... ................................................................................. --------------•---------.................................. ...................-- •-- ....... ............................................ a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: Augus t.... 1,..... 19. 9.. 3 .................................................................... •-- ................... .......................................................................................................... ............................ and that said newspa er was regularly distributed to its subscribers during all e said period, f ,...:... - -' - -••' - ....sue ....____-- �..____... Principal Clerk Subscribed and sworn to before me this........ 9.t............ dof........ August ..... .... .......... ...............1 19...93 ............... ............................... ............................... Notary Public in and for a ate of Washington, residing at Everett, Sno unty. . ..�.'' A" jt%pTAgk 1pt1"' '? 'eOF �-W AS�