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HomeMy WebLinkAboutOrdinance No. 0858CITY OF MEDINA Ordinance No. 858 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, AMENDING SECTION 10.64.010 OF THE MEDINA MUNICIPAL CODE TO ESTABLISH A PENALTY FOR THE INFRACTION OF INATTENTIVE DRIVING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, pursuant to RCW 46.63.110, the Washington State Supreme Court has promulgated a schedule of monetary penalties for traffic infractions, which is set forth in Rule 6.2 of the Infraction Rules for Courts of Limited Jurisdiction (IRLJ); and WHEREAS, the City of Medina currently applies the penalties set forth in IRLJ 6.2 to infraction violations of Chapter 46.61 RCW, Rules of the Road; and WHEREAS, inattentive driving is an "unscheduled infraction" under IRLJ 6.2; and WHEREAS, inattentive driving is similar in nature to the offense of operating a vehicle in a negligent manner, although inattentive driving is a lesser offense; and WHEREAS, amending MMC 10.64.110 to establish a penalty for inattentive driving consistent with the penalties set forth in IRLJ 6.2 would allow uniformity in the City's traffic infraction penalties; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. MMC 10.64.010 Amended. Section 10.64.010 of the Medina Municipal Code is hereby amended to read as follows: 10.64.010 Inattentive driving prohibited. It is unlawful for any person to operate a motor vehicle in an inattentive manner over the streets of the city. For, the purpose of this section, "inattentive" means the operation of a vehicle upon a city street in a lax, careless or slack manner, that threatens or causes bodily harm or property damage. The offense of operating a motor vehicle in an inattentive manner shall be considered to be a lesser offense than but included in the offense of operating a vehicle in a negligent manner. Any person violating the provision of this section shall be guilty of an infraction, and shall be subject to a penalty of one hundred twenty-five dollars ($125.00). Section 2. 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 of any other section, sentence, clause, or phrase of this ordinance. Section 3. Effective Date. This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. 1 of 2 PASSED BY THE CITY COUNCIL ON THIS 13 DAY OF SEPTEMBER, 2010 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 13 DAY OF SEPTEMBER, 2010. 4z Mayor Bret Jordn Approved as to form: Bruce L. Disend, City-At-torney a6a: 0q((1(V10 W ZQW#- : O't(?A t24 to 2 of 2 Attest: Rthel Baker, City Clerk