Ordinance 29770006.160.102
MA/are
03/03/94
rev: 03/07/94
ORDINANCE NO. 2977
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, REENACTING AND READOPTING THE
MODEL TRAFFIC ORDINANCE, CHAPTER 46.90 RCW,
WITH MODIFICATIONS, ADDING A NEW CHAPTER 8.06
TO THE EDMONDS CITY CODE TO ESTABLISH TRAFFIC
OFFENSES AND PENALTIES, AND REPEALING CHAPTER
8.05 AS SPECIFIED OF THE EDMONDS CITY CODE AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the Northeast District Court has recently
dismissed two City of Bothell prosecutions based upon the Court's
opinion that Bothell did not validly enact certain ordinances
adopting the State Model Traffic Ordinance Chapter 46.90 RCW, and
WHEREAS, such challenges are pending with relation to the
ordinances of the cities of Bellevue and Mercer Island, and
WHEREAS, the City Council desires to remove any doubt as
to the validity of the City of Edmonds traffic code by readopting
and reenacting the Model Traffic Ordinance so that further
prosecutions will not be placed in jeopardy, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1.. Reenactment and Readoption of the Model
Traffic Ordinance. The Model Traffic Ordinance, Chapter 46.90 RCW,
as hereinafter modified and amended, is hereby reenacted and
readopted as the Edmonds Traffic Ordinance, and a new Chapter 8.06
is hereby added to the Edmonds City Code to read as follows:
68263.1 - 1
8.06.001 Short title. This title may be known
and cited as the "Edmonds traffic ordinance."
8.06.010 Model traffic ordinance adopted. The
Washington Model Traffic Ordinance, RCW
Chapter 46.90, referred to in this title as
the "Model Traffic Ordinance (MTO) , 11 and all
other statutes adopted by reference therein,
is adopted by this reference as if set forth
in full herein except as provided in Sections
8.06.020 and 8.06.030 of the Edmonds City
Code. The penalty provisions of RCW 46.61.515
are specifically adopted by reference as if
set forth in full herein.
8.06.020 Sections of model traffic ordinance
not adopted. The following sections of the
MTO are not adopted by this reference and are
expressly deleted:
A. RCW 46.90.103 Abandoned vehicles
B. RCW 46.90.106 Automobile hulk
C. RCW 46.90.275 Establishment of traffic
safety commission
D. RCW 46.90.335 Owner presumed liable for
abandoned vehicle
E. RCW 46.90.340 May contract to dispose
of abandoned vehicles and
hulk vehicles
F. RCW 46.90.345 Stolen --abandoned vehi-
cles, reports of
G. RCW 46.90.375 Disposition of abandoned
junk vehicles
H. RCW 46.90.472 Interference with a pro-
cession
I. RCW 46.90.710 General penalty
J. RCW 46.90.720 Citation on an illegally
parked vehicle --on wind-
shield
K. RCW 46.90.730 If citation is placed on
vehicle, FTA requires to
send letter
L. RCW 46.90.740 Presumption of illegally
parked vehicles
M. RCW 46.90.940 Severability clause
8.06.030 Statutes not adopted. The following
sections in the Revised Code of Washington
which were adopted by reference in the Model
Traffic Ordinance are not adopted by this
reference, and are expressly deleted:
68263.1 - 2 -
A. RCW 46.04.431
B. RCW 46.48.170
C. RCW 46.61.520
D. RCW 46.80.010
E. RCW 46.80.130
F. RCW 46.98.020
G. RCW 46.98.030
H. RCW 46.98.040
I. RCW 60.04.010
Definition of highway
State patrol has authori-
ty on transportation of
hazardous material
Vehicle homicide --penalty
Definition wreckers
Place of business --used
wall, fence, etc.
Construe of Pari Materia
Headings are not part of
the law
Invalidity of part not
affect the whole
through RCW 60.04.220
8.06.040 State Traffic Statutes Adopted by
Reference. The following state traffic stat-
ute including all future amendments, is adopt-
ed as part of this Code as if set forth in
full:
A. RCW 46.70.140 Handling "hot" vehicles --
unreported motor "switch-
es" --unauthorized use of
dealer plates --penalty.
Section 2. Repealer. Chapter 8.05 of the Edmonds City
Code is hereby repealed, provided, that such repeal shall not
affect prosecution for any violation of any provision of said
Chapter prior to the effective date of this ordinance.
Section 3. Copies of Statutes Adopted. All state
statutes comprising the Model Traffic Ordinance, Chapter 46.90 RCW,
as adopted and modified in Chapter 8.06 of the Edmonds City Code as
adopted by Section 1 of this Ordinance, and all state statutes
incorporated in the Model Traffic Ordinance and Chapter 8.06, are
attached to this ordinance as Exhibit A and incorporated herein by
this reference as if set forth in full. The statutes so attached
are in the form in which they are adopted by Section 1 of this
ordinance.
68263.1 - 3 -
Section 4. Duties of City Clerk. The City Clerk shall
authenticate this Ordinance, and the statutes attached hereto as
Exhibit A, by signing her name on the signature block provided
below, and the Clerk shall record this ordinance and Exhibit A in
full in the official ordinance book of the City. Incident to the
adoption by reference of certain state laws under Title 46 of the
Revised Code of Washington, one copy of the text of the statutes
adopted by reference is this ordinance shall be filed as required
by RCW 35A.12.140 for use and examination by the public.
Section 5. 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 6. Effective Date. This ordinance, being an
exercise of a power specifically 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.
ATTEST/AUTHENTICATED:
FROMM.1-Me I , a
68263.1 - 4 -
APPROVED:
- .GJQ
MAYOR PRO TEM, J HN NORDQUIST
l
APPROVED AS TO FORM:
OFFICE OF T IT ORNEY:
a`
BY
FILED WITH THE CITY CLERK: 3/9/94
PASSED BY THE CITY COUNCIL: 3/15/94
PUBLISHED: 3/20/94
EFFECTIVE DATE: 3/25/94
ORDINANCE NO. 2977
68263.1 Jc -