Ordinance 2409JEH:jt
11/16/83
ORDINANCE NO. 2409
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -
TON, ADDING A NEW SECTION 8.32.060 ENTITLED
"ALCOHOLIC BEVERAGES IN VEHICLES" TO THE
EDMONDS CITY CODE AND PROVIDING PENALTIES
THEREFORE, AMENDING SECTION 5.25.030 OF THE
EDMONDS CITY CODE ENTITLED "ALCOHOLIC BEVERAGES
PROHIBITED IN PUBLIC PLACES" TO DELETE
REFERENCE TO VEHICLES AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the State legislature has recently enacted
legislation regulating the use and possession of alcoholic
beverages in vehicles and designating violations of the state
law to be traffic infractions, and
WHEREAS, Section 5.25.030 of the Edmonds City Code
regulates the use and possession of alcoholic beverages in
public places, including vehicles, and makes violations
thereof criminal offenses, and
WHEREAS, the City Council of the City of Edmonds
deems it desirable to resolve the conflict between the new
state law and the Edmonds City Code and to make the use and
possession of alcoholic beverages in motor vehicles a traffic
infraction, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. There is hereby added to the Edmonds City
Code a new Section 8.32.060, relating to alcoholic beverages
in vehicles, which section shall read as follows:
118.32.060 Alcoholic Beverages in Vehicles.
It is a traffic infraction:
1. For any person to drink any alcoholic
beverage in a motor vehicle when the
vehicle is upon a highway,
2. For any person to have in his possession
while in a motor vehicle upon a highway, a
bottle, can, or other receptacle containing
an alcoholic beverage if the container has
been opened or a seal broken or the
contents partially removed, or
3. For the registered owner of a motor
vehicle, or the driver if the registered
owner is not then present in the vehicle,
to keep in a motor vehicle when the vehicle
is upon a highway, a bottle, can, or other
receptacle containing an alcoholic beverage
which has been opened or a seal broken or
the contents partially removed, unless the
container is kept in the trunk of the
vehicle or in some other area of the
vehicle not normally occupied by the driver
or passengers if the vehicle does not have
a trunk. A utility compartment or glove
compartment is deemed to be within the area
occupied by the driver and passengers.
This section does not apply to a public conveyance
that has been commercially chartered for group use
or to the living quarters of a motor home or camper
or except as otherwise provided by the Edmonds City
Code, to any passenger for compensation in a for -
hire vehicle licensed under city, county, or state
law.
Section 2. Any person violating any provision of
this ordinance shall have committed a traffic infraction and
shall be assessed a monetary penalty as provided in Section
5.45.020 of the Edmonds City Code.
SPetinn 3. Section 5.25.030 of the Edmonds City Code
and Section 1 of Ordinance No. 1940, passed by the Edmonds
City Council on August 23, 1977, are hereby amended to read
as follows:
"5.25.030 ALCOHOLIC BEVERAGES PROHIBITED IN PUBLIC
PLACES
It is unlawful for any person to consume any
alcoholic beverages in a public place or possess an
open or unsealed container containing any alcoholic
beverage in a public place. For the purposes of
this section, a public place shall mean all places
to which the general public has access, including
stores, theaters, restaurants, parking lots, parks,
school yards, beaches, streets and rights -of -way;
provided, however, this section shall not apply to
locations licensed by the state of Washington to
sell alcoholic beverages for consumption on such
premises."
Section 4. If any section, sentence, clause, phrase
or word of this ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the vali-
dity or constitutionality of any other section, sentence,
clause, phrase or word of this ordinance.
Section 5. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting
as required by law.
APPROVED:
ATTEST/AUTHENTICATED:
FIA
CITY CLERK, IRENE VARNEY MORAN
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WI THE CITY CLERK: November 23, 1983
PASSED BY THE CITY COUNCIL: December 6, 1983
POSTED: December 7, 1983
EFFECTIVE DATE: December 12, 1983
ORDINANCE NO. 2409
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON
ss:
COUNTY OF SNOHOMISH
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he 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 7 day of December 1 19 83► affiant posted true and
correct copies of the attached Ordinance No. 2409, passed by the
City Council on
the 6
day of December
, 19 83, 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, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 7 day of
December
, 1983.
SUBSCRIBED AND SWORN to before me this day of
vU
iota y Public n and for the
State of Washington, yesiiding
at