Ordinance 28480006.160.035
KCH/klt
07/03/91
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING EDMONDS MUNICIPAL CODE 8.05.040 TO
ADOPT RCW 46.61.517, WHICH PROVIDES THAT THE
REFUSAL OF A PERSON TO SUBMIT TO A TEST OF THE
ALCOHOL CONTENT OF THE PERSON'S BLOOD OR BREATH
UNDER RCW 46.20.308 (THE IMPLIED CONSENT
STATUTE) IS ADMISSIBLE INTO EVIDENCE AT A
SUBSEQUENT CRIMINAL TRIAL, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Model Traffic Ordinance codified at
Chapter 46.90 RCW was previously adopted by the City of Edmonds;
WHEREAS, certain sections of the Model Traffic
Ordinance were expressly deleted from the adoption by reference
of the Model Traffic Ordinance by the City of Edmonds;
WHEREAS, RCW 46.61.517 is relevant to the prosecution
of certain traffic charges under the Model Traffic Ordinance;
WHEREAS, RCW 46.61.517 is not incorporated by reference
into the Model Traffic Ordinance; and
WHEREAS, RCW 46.61.517 was not expressly deleted from
adoption by reference by the City of Edmonds; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 8.05.040 of the Edmonds Municipal
Code is hereby amended to read as follows:
8.05.040 STATE TRAFFIC STATUTES ADOPTED BY
REFERENCE
The following statutes of the State of
Washington, as now or hereafter amended, are
KCH013180 -1-
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 46.29.625 Driving when license
suspended or revoked until proof of
ability to respond in damages is
furnished.
C. RCW 46.20.338 Display or possession of
cancelled, revoked or suspended driver's
license or identicard.
D. RCW 46.30.040 Display of identification
card or proof of financial responsibility
--Penalty for falsification.
E. RCW 46.37.430--Safety glazing materials
in motor vehicles --Application of tinting
or coloring material.
F. RCW 46.61.517 Refusal of alcohol test --
Admissibility as evidence.
Section 2. 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 the ordinance or a summary thereof
consisting of the title.
APPROVED:
ATTEST/AUTHENTICATED:
E ITY'CLERK, JACQUELINE G. PARRETT
KCH01318O -2-
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY b
FILED WITH THE CITY CLERK: July 7, 1991
PASSED BY THE CITY COUNCIL: September 16, 1991
PUBLISHED: September 20, 1991
EFFECTIVE DATE: September 25, 1991
ORDINANCE NO. 2848
KCH013180 —3—
SUMMARY OF ORDINANCE NO.
ME
of the City of Edmonds, Washington
On September 16 , 1991, the City Council of the
City of Edmonds, Washington, approved Ordinance No. 2848_, the
main point of which may be summarized by its title as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS
MUNICIPAL CODE 8.05.040 TO ADOPT RCW 46.61.5171 WHICH PROVIDES
THAT THE REFUSAL OF A PERSON TO SUBMIT TO A TEST OF THE ALCOHOL
CONTENT OF THE PERSON'S BLOOD OR BREATH UNDER RCW 46.20.308 (THE
IMPLIED CONSENT STATUTE) IS ADMISSIBLE INTO EVIDENCE AT A
SUBSEQUENT CRIMINAL TRIAL, AND PROVIDING FOR AN EFFECTIVE DATE.
The full text of this ordinance will be mailed upon
request.
APPROVED by the City Council at their meeting
of September 16 , 1991.
CI` Y 6LERK, JACQUELINE G. PARRETT
STATE OF WASHINGTON,
COUNTY OF SNOHOIVZISH,
SUMMARY OF J^
ORDINANCE. NO- 2848
ul It9 o
Edmundsfhc, wflCshirnpton _
On Stplenitm 16, I991, III@
COY Council al fhc Clty - e
Etin+onds, WONT" +gtnu.
appraved Ordlnrmce No. ?SAS,
flit+ molq point 01 MAO$ Tw, $e
Sumintll'12Ed by IIS II11p uS
Tolow3:
AN ORDINANCE OF'. THE CITY
OF EDMONDS, WASHINGTON,
AMENDING EDMONOS MUNICI-
PAL CODE 8.95.e46 TO ADOPT
f4cw 46,61.s17, w1i IS'.1�
pu.OV1pE5 Tl{'AT THE
REFUSAL OF P PERSON TO
SU07Ni7 TO A TE57 O' T'll
ALCOHOL CONTENT Oi; THE
PERSON'$ BLOOD -OR BREATH
I MPLIED CANSEN"ST Y11rE}}
I5 ADM154MLE 1NT0
FVIOENCV, AT A SUBSIFOUENT
CRIMINAL TRIAL, ANO
PROVI03NG rok AN E'� EC -
I IVE DATE.
+II TIte lull text M rhqu d'dlnun[e
wi% tw rmlled,ur,w tin eSl
APPROVED py 1R2 C11n
CaIInc1I al "Ir meefZ al
Septemher 16, 1" 1.
JAC;OUEL INE G. PAPRETT
City Clark
lluallsbed; SCplemper ", 199l.
ea.
Affidavit of Publication
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 ........................................
Summery of Ordinance No. 2848
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:
September 20, 1991
and that said newspaper was regularly distributed to its subscribers
during all of said period.
.:
I
Principal Clerk
Subscribed and sworn to before me this ....... 2.1 s t
day of.................:.........Sep.te. ,. r................., 19..91..
Nota ublie in n 'for the State of Washington,
resi at Ever tt, Snohomish County.
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