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Ordinance 29870006.160.056(C) DLF/nkr 06/02/94 R:06/08/94srf ORDINANCE NO. 2987 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTIONS 8.06.010, 8.06.020, 8.06.030, AND 8.06.040 OF THE EDMONDS MUNICIPAL CODE, ADDING SECTION 8.06.050 TO THE EDMONDS MUNICIPAL CODE, IN ORDER TO READOPT THE WASHINGTON MODEL TRAFFIC ORDINANCE AS CONTAINED IN THE WASHINGTON ADMINISTRATIVE CODE, CHAPTER 308-330 WAC, AND INCORPORATING AND ADDING NEW SECTIONS AFFECTING THE TRAFFIC CODE THAT HAD BEEN ADOPTED BY THE 1994 STATE LEGISLATURE. WHEREAS, the state legislature has determined that RCW Chapter 46.90, which contained the Washington Model Traffic Ordinance (MTO), will be repealed as of July 1, 1994, and WHEREAS, the state legislature has also determined that the provisions of the Washington MTO shall be transferred and readopted into the Washington Administrative Code (WAC), Chapter 308-330, which will become effective on July 1, 1994, and WHEREAS, in order for the City to continue to have a valid traffic code, the City must also readopt those provisions that have been transferred into the WAC, and WHEREAS, the 1994 state legislature has additionally amended and created new traffic provisions, and in order for the City to incorporate the new changes that have been made to the traffic provisions by the 1994 state legislature, the City must adopt and incorporate those changes into its own traffic code for the health, safety and welfare of its citizens, NOW, THEREFORE, DLF76132.20 -1- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Model Traffic Ordinance Adopted by Reference. Section 8.06.010 of the Edmonds Municipal Code is hereby amended to read as follows: 8.06.010 Model Traffic Ordinance Adopted. The Washington Model Traffic Ordinance, Chapter 308-330 WAC, referred to in this title as the "Model Traffic Ordinance (MTO)," and including any future amendments, additions or repeals thereto, 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. Section 2. Section 8.06.020 of the Edmonds Municipal Code is hereby amended to read as follows: 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. WAC 308-330-327 Abandoned vehicles (that part which adopts RCW 46.79.010(1) B. WAC 308-330-327 Automobile hulk (that part which adopts RCW 46.79.010(2) C. WAC 308-330-275 Establishment of traffic safety commission D. WAC 308-330-360 Owner presumed liable for abandoned vehicle E. WAC 308-330-365 May contract to dispose of abandoned vehicles and hulk vehicles F. WAC 308-330-370 Stolen --abandoned vehicles, reports of G. WAC 308-330-375 Disposition of abandoned junk vehicles H. WAC 308-330-472 Interference with a procession I. WAC 308-330.710 General penalty J. WAC 308-330-720 Citation on an illegally parked vehicle --on windshield DLF76132.20 -2- K. WAC 308-330-730 If citation is placed on vehicle, FTA requires to send letter L. WAC 308-330-740 Presumption of illegally parked vehicles Section 3. Section 8.06.030 of the Edmonds Municipal Code is hereby amended to read as follows: 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: A. RCW 46.04.431 Definition of highway B. RCW 46.48.170 State patrol has authority on transportation of hazardous material C. RCW 46.80.010 Definition wreckers Section 4. Section 8.06.040 of the Edmonds Municipal Code is hereby amended to read as follow: 8.06.040 State Traffic Statutes Adopted by Reference. The following state traffic statute including all future amendments, are specifically adopted by reference as part of this Code as if set forth in full: A. RCW 46.70.140 Handling "hot" vehicles --Unreported motor "switches" --Unauthorized use of dealer plates -- penalty. B. RCW 46.01.230 and 46.12.160 and the Laws of 1994, Chapter 262, Sections 1, 5. C. RCW 46.20.710, .720, .730, .740, 46.55.113, 46.61.51511 46.61.5152 and the Laws of 1994, Chapter 275, Sections 1, 14, 10, 21, 22, 23, 24, 32, 4-9, 39, 40. D. RCW 46.16.381 and the Laws of 1994, Chapter 194, Sections 1, 6. E. RCW 46.12.270 and the Laws of 1994, Chapter 139, Sections 2, 1. F. The Laws of 1994, Chapter 141, Section 1. DLF76132.20 -3- Section 5. Section 8.06.050 of the Edmonds Municipal Code entitled "Garage Keeper," is hereby added to read as follows: Section 8.06.050 Garayper. A garage keeper means a person, firm, partnership, association or corporation whose busi- ness it is to store vehicles for compensation. Section 6. Savings Clause. The amendment of Sections 8.06.01, .020, .030, .040 and .050 of the Edmonds Municipal Code, as provided, shall not affect the prosecution for any violation of any provision of said chapter prior to the effective date of this ordinance. Section 7. Copies of Statutes Adopted. All state statutes comprising the Model Traffic Ordinance, WAC Chapter 308-330, as adopted and modified by this ordinance and all state statutes incorporated in the City's traffic ordinance and by this ordinance are attached hereto 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 were adopted by this ordinance. Section 8. Filing. Incident to the adoption of the MTO by reference, by this ordinance, one copy of the text of the adopted MTO and of other adopted statutes shall be filed as required by RCW 35A.12.140 for use and examination by the public. The City Clerk shall authenticate the statutes adopted by reference herein by signing the adopting ordinance and recording the adopting ordinance and statutes adopted by reference in full in the official ordinance book of the City of Edmonds. Section 9. Severability Clause. 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. DLF76132.20 -4- Section 10. This ordinance shall take effect and be in full force five (5) days after publication of the attached approved summary thereof consisting of the title, or July 1, 1994, whichever is later. APPROVED: ATTEST/AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: w i l FILED WITH THE CITY CLERK: 06 / 13 / 94 PASSED BY THE CITY COUNCIL: 06/21 /94 PUBLISHED: 06 /2 6 / 94 EFFECTIVE DATE: 07/01 /94 ORDINANCE NO. 2987 DLF76132.20 -5-