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Ordinance 31860006.90000 WSS /gjz 12/01/97 ORDINANCE NO. 3186 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISION OF EDMONDS CITY CODE SECTION 8.32.050 PROHIBITING COMPRESSION BRAKES TO PROVIDE AN EXEMPTION FOR EMERGENCY VEHICLES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, certain emergency vehicles in the City of Edmonds and of other jurisdictions serving Edmonds pursuant to interlocal agreement which provide efficient emergency protection and coverage to the citizens are equipped with compression brakes, and WHEREAS, such brakes are prohibited for general use by City ordinance, and WHEREAS, the City of Edmonds is located on hilly terrain on and around Puget Sound and heavy emergency vehicles of such fire departments have been equipped with such brakes in order to enhance their safety, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code Section 8.32.050 Compression Brakes Prohibited is hereby amended to provide an exemption for emergency vehicles to read as follows: 8.32.050 Compression Brakes Prohibited No person shall use motor vehicle brakes which are in any activated or operated by the compression of the engine of any such motor vehicle or any component part thereof. 180446.10 -1- A. It shall be an affirmative defense to prosecution under this Section that compression brakes were applied in an emergency and were necessary for the protection of persons and /or property. B. Bona fide emergency vehicles owned by a public entity and equipped and licensed in compliance with state law shall be exempt from the provisions of this ordinance. Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: — W F WMAJ MAYOR, BARBARA S. FAHEY ATTEST /AUTHENTICATED: ITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ) 55::— FILED WITH THE CITY CLEFX: 01/16/98 PASSED BY THE CITY COUNCIL: 01/20/98 PUBLISHED: 01/27/98 EFFECTIVE DATE: 02/02/98 ORDINANCE NO. 3186 180446.10 -2- SUMMARY OF ORDINANCE NO. 3186 of the City of Edmonds, Washington On the 20th day of January, 1998, the .City Council of the City of Edmonds, passed Ordinance No. 3186. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISION OF EDMONDS CITY CODE SECTION 8.32.050, PROHIBITING COMPRESSION BRAKES, TO PROVIDE AN EXEMPTION FOR EMERGENCY VEHICLES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 22nd day of January, 1998. JA� 'z ?'-z� - CITY CLERK, SANDRA S. CHASE STATE OF WASHINGTON, COUNTY OF SNOHONTISH, SUMMARY OF ORDINANCE NO. 3186 of the City of Edmonds, r Washington On the 20th day of January. :1998. the City Council of the y Cityy of Edmonds, passed Ordinance No. 3186. gassed of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF NGTON, EAMEEND N�GWAT E PROVISIONS OF EDMONDS CITY CODE SECTION 50, PROHIBIT NG COMPRESSION TO EXEMPTION FOR EMERGENCY VEHI- CLES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordi- nance will be mailed upon re uest. D DATE this 22nd day of January, 1998. CITY CLERK, SANDRA S. CHASE Published: January 27, 1998. B-2-1 I - Affidavit of Publication RECEIVED JAN 2 9 1998 EDMONDS CITY CLERK 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 Ordinance No. 3186 .... - .. ........................................ ............................... ......................................................................................................... ............................... 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: January 27, 1998 ....................................................................................................... .......................... . . . .. � ..................... .............................................................. ............. .................. i t at jaid newspaper was reguarly dishto o its subscribers rIn all of said period / /JJ ....... ..... .... ,... . •.�..�-- ..� .................... Principal Clerk Subscribed and sworn to before me this ......2 7th . day..ef........... - ^.uary _- -- -- ......... e ?..... ..�,.., 19.98... a..r r.— ... ..............i- -......... -.-�� f. .. ............. Notary Public in and for the Stat ton, j residing at Everett, Snohomish A,1 �,OFpusi. o 8 -{4 -98 �r WA�N��