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Ordinance 2507SEF:clh 06/17/85 ORDINANCE NO. 2507 AN ORDINANCE OF THE CITY OF EDMONDS, WASHING - TON, AMENDING SECTION 8.05.010 ESTABLISHING A NEW PENALTY FOR DRIVING AND BEING IN PHYSICAL CONTROL WHILE UNDER THE INFLUENCE OF INTOXI- CANTS AND/OR DRUGS; REPEALING SECTION 5.45.020(C); ESTABLISHING AN EMERGENCY CLAUSE EFFECTIVE ON PASSAGE OF THE ORDINANCE. WHEREAS, the State of Washington and its legislature have required that the penalties for Driving While Intoxicated established by the City of Edmonds be the same as those estab- lished by State statute, and WHEREAS, the State penalties have been amended effec- tive July 1, 1985, and WHEREAS, the public safety requires immediate revision of City penalty provisions, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 8.05.010 of the Edmonds City Code is hereby amended to read as follows: 8.05.010. The Washington Model Traffic ordinance, RCW Chapter 46.90, hereinafter referred to as the MTO, is hereby adopted by reference as if set forth in full herein or hereinafter amended. Except as otherwise provided herein, the penalty provisions of the MTO are superseded by the penalty provisions of the ordinance codified in this title as set forth in Section 8.60.010, the general penalty provisions set forth in Section 5.45.020 of the Edmonds City Code, and the penalty provisions provided in Sections 8.05.020 and 8.05.030. The penalty provisions of RCW 46.61.515 are specifically adopted by reference as set forth in full herein or as hereinafter amended. Section 2. Section 5.45.020(C) is hereby repealed. Section 3. Sections 5.45.020(D), 5.45.020(E) and 5.45.020(F) are hereby renumbered as subparagraphs (C), (D) and (E) respectively in order to reflect the repeal of Section 5.45.020(C). Section 4. The City Council hereby declares that an emergency exists necessitating that this ordinance take effect immediately upon passage by no fewer than five (5) affirmative votes of the members of the City Council. Section 5. If any section, sentence, clause, or phrase of this title should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconsti- tutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. APPROVED: MAY�K,R Y S. NAHTEN ATTEST/AUTHENTICATED: LA T CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By ty, FILED WITH THE CITY CLERK: Co•18'SS_ PASSED BY THE CITY COUNCIL : 7. X .gam POSTED: 7/3/85 EFFECTIVE DATE: 7/8/85 ORDINANCE NO. 2507 - 2 - AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ss: COUNTY OF SNOHOMISH ) Christine M. Risen, being first duly sworn on oath deposes and says that she is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 3rd day of July, 1985, affiant posted true and correct copies of the attached Ordinance No. 2507, passed by the City Council on the 2nd day of July, 1985, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library 650 Main Street Edmonds, WA 98020 Edmonds Branch of the United States Post Office 201 Main Street Edmonds, WA 98020 DATED this 3rd day of July, 1985. SUBSCRIBED AND SWORN to before me this day of 1985. _ r Notary rublic in and for the State of Washington, residing at