Ordinance 1865ORDINANCE NO. 1 865
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADOPTING THE WASHINGTON MODEL TRAFFIC ORDINANCE
AND OTHER TRAFFIC STATUTES TO REGULATE TRAFFIC
WITHIN THE CITY OF EDMONDS AND AMENDING TITLE 8
OF THE EDMONDS CITY CODE; PROVIDING PENALTIES;
AMENDING SECTION 5.12.170; AND DIRECTING THE
DISPOSITION OF FINES AND FORFEITURES.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 8.02.010 of the Edmonds City Code
is hereby amended to read as follows:
"8.02.010. Adoption by Reference. The Washington
Model Traffic Ordinance, Chapter 46.90 RCW hereinafter
referred to as the 'MTO' and RCW 46.61.202, RCW 46.61.215,
RCW 46.61.261, RCW 46.61.264, RCW 46.61.266, RCW 46.61.269,
RCW 46.61.540, RCW 46.61.606, RCW 46.61.608 and RCW
46.61.614 are hereby adopted by this reference as and
for the traffic ordinance of the City of Edmonds as if
set forth in full herein with the exception of the
penalty provisions thereof which are superceeded by the
penalty provisions of this Ordinance as set forth in
Section 4 of this Ordinance and as except as provided
in Sections 2 and 3 of this Ordinance."
Section 2. A new section 8.02.020 is hereby added to
the Edmonds City Code to read as follows:
"8.02.020. Sections not Adopted. The following
sections of the 'MTO' are not adopted by this reference
and are expressly deleted: RCW 46.90.275, RCW 46.90.472,
RCW 46.90.710 and RCW 46.90.940.
Section 3. A new Section 8.02.030 is hereby added to
the Edmonds City Code to read as follows:
"8.02.030. Statutes not Adopted. The following sections
in the RCW which were adopted by reference in the MTO are
not adopted by this reference and are expressly deleted:
RCW 46.04.431, RCW 46.48.170, RCW 46.80.010, RCW 46.80.130,
RCW 46.98.020, RCW 46.98.030, RCW 46.98.040, and RCW
60.04.010 through .220."
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Section 4. Section 8.60.010 of the Edmonds City Code is
hereby amended to read as follows:
"8.60.010. Penalties. Any person who is convicted of
violating or failing to comply with any of the provisions
of this title shall be punished as provided in the Edmonds
City Code, Section 5.12.170."
Section 5. Section 8.60.020 of the Edmonds City Code is
hereby amended to read as follows:
118.60.020. Disposition of Traffic Fines and Forfeitures.
All fines or forfeitures collected upon conviction or upon
forfeiture of bail of any person charged with the violation
of any of the provisions of this Title shall be paid to
the General Fund of the City."
Section 6. Section 8.60.030 of the Edmonds City Code is
hereby amended to read as follows:
"8.60.030. Official Misconduct. Failure, refusal, or
neglect on the part of any judicial or other officer
or employee receiving or having custody of any such fine
or forfeiture or bail, either before or after a deposit
in said general fund, to comply with the provisions of
8.60.020 of the Edmonds City Code shall constitute
misconduct in office and shall be grounds for removal
therefrom, provided, appropriate removal action is
taken pursuant to state law relating to removal of
public officials."
Section 7. Sections Repealed. The following provisions
of Title 8 of the Edmonds City Code are hereby repealed:
Section 8.04.020 through .130, Section 8.08.010 through .030,
Section 8.08.050, Chapter 8.12, Section 8.16.050, Chapter 8.20,
Section 8.24.010, Section 8.24.030, Section 8.28.010, Section
8.28.030 through .100, Sections 8.32.020 through .120, Section
8.36.010 through .020, Chapter 8.40, Chapter 8.44, Section
8.48.010 through .100, Chapter 8.52, Section 8.60.040 through
.080, Sections 8.60.100 through .120, Chapter 8.66.
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Section 8. Copies on File. Pursuant to RCW 35A.12.140,
three copies of the text of the MTO as adopted and of the other
adopted statutes are and will be on file with the City Clerk at
the Edmonds Civic Center for the use and examination by the
public.
Section 9. Penalty. Section 5.12.170 of the Edmonds City Code
is hereby amended to read as follows:
"5.12.170. Penalties.
(1) Notwithstanding any other city ordinance or provision
of the city code regarding violations and penalties
therefor (with the exception of those sections of the
city code hereinafter specifically excluded from the
operation of this subsection), any person or persons
who violate or fail to comply with any of the provi-
sions of the ordinances of the city, including the
city code, or any part thereof, shall, upon conviction
of the violation, be punished by a fine in any sum
not exceeding the sum of two hundred fifty dollars,
or by imprisonment in jail for a term not exceeding
ninety (90).days or by both such fine and imprisonment.
Each separate day during which any violation occurs
or continues shall be deemed to constitute a separate
violation thereof and a separate offense thereunder,
nad upon conviction thereof shall be punished as
herein provided. This section is intended to super-
sede the penalty provisions of any and all previously
adopted city ordinances in conflict herewith, except
as otherwise herein provided, and in the event of
conflict herewith, the previously adopted ordinances
shall be deemed amended to conform with the penalty
provisions of this section.
(2) Provided, however, the following sections of the
city code are specifically excluded from the opera-
tion of the above section, and any violation or
failure to comply with any of the provisions of
those sections shall, upon conviction of the
violation, be punished by a fine in any sum not
exceeding the sum of five hundred dollars, or by
imprisonment in jail for a term not exceeding ninety
(90) days or by both such fine and imprisonment.
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(a) RCW 46.52.010. Duty on striking unattended car
or other property. (adopted by reference as
part of the MTO);
(b) RCW 46.52.020. Duty in case of injury to or
death of person or damage to attended vehicle.
(adopted by reference as part of the MTO);
(c) RCW 46.61.500 Reckless driving. (adopted by
reference as part of the MTO);
(d) RCW 46.61.506. Persons under the influence of
intoxicating liquor or drugs. (adopted by
reference as part of the MTO).
(3) The penalties for violation of these portions of
this code as set forth therein shall, upon convic-
tion, be punished solely by fine in a sum not
exceeding two hundred fifty dollars and shall not
be subject to imprisonment in jail except as
provided herein in subsection 4.
(a) Chapter 5.36. Liquor --Minors;
(b) First conviction for an offense that would be
a violation of Chapter 5.60, Dangerous drugs;
(c) First conviction of an offense that would be a
violation of Section 5.12.020, Larceny;
(d) First Conviction of an offense that would be a
violation of Section 5.12.020, Shoplifting;
(e) First Conviction of an offense that would be
a violation of Section 5.20.040, Disorderly
persons enumerated;
(f) First conviction of an offense that would be a
violation of Section 5.20.070, Loitering or
prowling;
(g) All of Title 8, except as provided in subsection
2 herein.
(4) Upon a second or subsequent conviction for an
offense that is a violation of those portions of this
code set forth herein in subsection 3, subdivisions
(a) through (f), such offense shall be punishable,
upon conviction, by a fine in a sum not exceeding
two hundred fifty dollars, or by imprisonment in
jail for a term not exceeding ninety (90) days or
by both such fine and imprisonment.
CEIC
Section 10. Sevarability. If any section, subsection,
clause, phrase, or word of this Ordinance or law adopted by
reference therein'is for any reason held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of
this Ordinance.
APPROVED:
ATTEST:
FILED WITH THE CITY CLERK: August 3, 1976
PASSED BY THE CITY COUNCIL: August 24, 1976
PUBLISHED: September 1, 1976
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