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Ordinance 27650006.160.102 RPB/tw 03/07/90 ORDINANCE NO. 2765 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTIONS 8.05.040 AND 5.50.020(C) OF THE EDMONDS CITY CODE TO ADOPT BY REFERENCE THE STATE STATUTES GOVERNING MANDATORY AUTOMOBILE LIABILITY INSURANCE AND ENACT A PENALTY THEREFORE; CONTAINING A SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE. WHEREAS, the Edmonds City Council finds that the recently enacted state statutes regarding mandatory automobile liability insurance should be adopted by the City for more effective traffic law enforcement, and WHEREAS, this Ordinance is in the interest of the public health, safety and welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 8.05.040 of the Edmonds City Code is hereby amended to add new sections C and D to read as follows: C. RCW 46.30.020 - Liability insurance or other financial responsibility required - Violations -Exceptions. D. RCW 46.30.040 - Display of identification card or proof of financial responsibility- Penalty for falsification. Section 2. Section 5.50.020(C) of the Edmonds City Code is hereby amended to add a new subsection 17 to read as follows: 17) RCW 46.30.040(3) - Display of identification card or proof of financial responsibility - Penalty for falsification. RPBO19400 -1- Section 3. The City Clerk is directed to authenticate and record a copy of the state statutes adopted by reference in this ordinance and to make a copy of the same available for use and examination by the public as provided by RCW 35A.12.150. Section 4. If any section, sentence, clause or phrase of this ordinance, or the statutes adopted herein by reference, 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 5. 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: WWWR/7= MAY00,7 GHTEN ATTEST/AUTHENTICATED: IT CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF VY ATTORNEY: BY J.)L RPB01940O -2- FILED WITH THE CITY CLERK: March 9, 1990 PASSED BY THE CITY COUNCIL: March 20, 1990 PUBLISHED: March 25, 1990 EFFECTIVE DATE: March 30, 1990 ORDINANCE NO. 2765 RPB01940O —3— Chapter 46.30 Title 46 RCW: Motor Vehicles Chapter 46.30 MANDATORY LIABILITY INSURANCE Sections 46.30.010 46.30.020 Legislative Intent, Liabitity insurance or other financial responsibility re- quired--violations---Exceptions. 46.30.030 Insurance identification card. 46.30.040 Display of identification card or proof of financial re- sponsibility —penalty for falsification. 46.30.900 Severability­1989 c 353. 46.30.901 Effective date- —1989 c 353. 46.30.010 Legislative Intent, It is a privilege granted by the state to operate a motor vehicle upon the high- ways of this state. The legislature recognizes the threat that uninsured drivers are to the people of the state. In order to alleviate the threat posed by uninsured drivers it is the intent of the legislature to require that all persons driving vehicles registered in this state satisfy the finan- cial responsibility requirements of this chapter, By en- actment of this chapter it is not the intent of the legislature to modify, amend, or invalidate existing in- surance contract terms, conditions, limitations, or exclu- sions or to preclude insurance companies from using similar terms, conditions, limitations, or exclusions in future contracts. [1989 c 353 § I.] Report on uninsured motorlsis: 'The director of licensing shall com- pile records on uninsured motorists and file a report with the Icgisla- ture after accumulating data for twelve months after January I, 1990.1 11989 c 353 § 9.1 46.30.020 Liability insurance or other financial re- sponsibility required —Violations —Exceptions. (I) No person may operate a motor vehicle subject to-regis= tration under chapter 46.16 R.CW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self -insured as provided in RCW 46.29.630, is covered by a certificate of deposit in con- formance with RCW 46.29.550, or is covered by a lia- bility bond of at least the amounts provided in RCW 46.29.090. (2) A violation of this section constitutes a traffic in- fraction punishable by a fine of two hundred and fifty dollars unless a court determines that in the interest of justice the fine should be reduced. In lieu of the fine, a court may permit the defendant to perform community service designated by the court, (3) if a person cited for a violation of this section ap- pears in person before the court and provides written ev- idence that at the time the person was cited, he or she was in compliance with this section, the citation shall be dismissed. In lieu of personal appearance, a person cited for a violation of this section may, before the date scheduled for the person's appearance before the court, submit by mail to the court written evidence that at the time the person was cited, he or she was in compliance with this section, in which case the citation shall be dismissed. (4) The provisions of this chapter shall not govern: (a) The operation of a motor vehicle registered under RCW 46,16.310 or 46.16,315, governed by RCW 46.16- ,020, registered with the Washington utilities and trans- portation commission as common or contract carriers; or (b) The operation of a motorcycle as defined in RCW 46,04.330, a motor -driven cycle as defined in RCW 46- ,04332, or a moped as defined in RCW 46.04.304. (5) RCW 46.29.490 shall not be deemed to govern all motor vehicle liability policies required by this chapter but Only those certified for the purposes stated in chap- ter 46.29 RCW. [1989 c 353 § 2.1 'Notice or liability insurance requirement: RCW 46.16.212. 46.30.030 Insurance identification card. (1) When- ever an insurance company issues or renews a motor vc- hicle liability insurance policy, the company shall provide the policyholder with an identification card as specified by the department of licensing. At the policy- holder's request, the insurer shall provide the policy- holder a card for each vehicle covered under the policy. (2) The department of licensing shall adopt rules specifying the type, style, and content of insurance iden- tification cards to be used for proof of compliance with RCW 46.30,020, including the method for issuance of such identification cards by persons or organizations providing proof of compliance through self-insurance, certificate of deposit, or bond. In adopting such rules the department shall consider the guidelines for insurance identification cards developed by the insurance industry committee on motor vehicle administration. [1989 c 353 § 3.] 46,30.040 Display of identification card or proof of financial responsibility Penalty for falsification. (l ) Whenever a person operates a motor vehicle subject to registration under chapter 46.16 RCW, the person shall have in his or her possession an identification card of the type specified in RCW 46.30.030 and shall display the card upon demand to a law enforcement officer. (2) Every person who drives a motor vehicle required to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial responsibility shall, when requested by a law enforcement officer, provide evidence of financial re- sponsibility or insurance as is required by the laws of the state in which the vehicle is registered. (3) Any person who knowingly provides false evidence of financial responsibility to a law enforcement officer or to a court, including an expired or canceled insurance policy, bond, or certificate of deposit is guilty of a mis- demeanor. [1989 c 353 § 4.1 46.30.900 Severability 1989 c 353. If any provi- sion of this act or its application to any person or cir- cumstance is held invalid, the remainder of the act or the application of the provision to other persons or cir- cumstances is not affected. [1989 c 353 § 12•] 46.30.901 Effective date 1989 c 353. This act shall take effect January 1, 1990. The director of the department of licensing may immediately take such (1989 Ed.) [Title 46 RCW—p 102) STATE OF WASHINGTON, COUNTY OF SNOHOMISH, SUMMARY OF ORpINANCE NO. 2765 o1 the city of dmone Woshin n qn the 20}h dny of March, 1SW0 the Cl Councfl of the Cft of &'dmonds Passed Ordinance No, 2705. +{ summary of the content of sofd Ordinance, consistif of tt,e 1111e, Prayldes astoll AN aROFF ANrF nc TUM er OATF. The full faxt of this Ordlnofxe will he ma{led upon requast. DATED this lath day at March, 1"O6 JACOUELINE G. PARRETT City Clerk 'Published; March 25, 1"D. as. 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 ... :.:...... ::....... :........ ........ ..----SummgT_y..of_..0rd-inance- No:...2765 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: March 25, 1990 and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and sworn to before me this............2 .6 t h ............. day of... ..........._.........March ...`. 19..90.. Not Public in d fdr the State of Washington, r at Everett, Snohomish County. B-2-1